Demystifying the rights of residential seniors
Work in a private seniors’ residence
Published on November 2, 2023 by Estephany Fernandez Suero. Journal Le Canada Français, page A-20.
What are the landlord’s and tenant’s obligations in these situations? The landlord must comply with certain requirements in order to carry out work in a tenant’s dwelling. In the case of minor work, the tenant must be notified verbally or in writing at least 24 hours in advance. The work can be carried out between 7 a.m. and 7 p.m. Tenants have the right to refuse access to their home if the landlord fails to comply with these two conditions.
Tenants also have obligations, such as carrying out minor repairs in the dwelling, like changing a light bulb, and notifying the landlord of any necessary repairs. The tenant cannot undertake the repairs himself, unless he has tried to warn the landlord and the work is urgent and necessary.
Certain circumstances may require major work to be carried out. This may involve work to optimize tenants’ enjoyment of the premises, or for building maintenance purposes. The owner must send a notice at least 10 days before work begins. One of the main rights of tenants is the right to maintain the premises. In principle, major work must be carried out while respecting the tenant’s right to remain in the dwelling.
However, repairs that may pose a health and safety risk to a tenant, for example, may lead to a temporary evacuation. Under these conditions, the landlord must send a notice at least 10 days in advance if the tenant will be leaving the unit for a week or less. For evacuations lasting more than a week, the notice must be sent at least three months before the start of the work.
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Certain urgent situations may exempt the owner from sending prior notice. The landlord may then require the tenant’s temporary evacuation.
In more exceptional cases, a tenant could be evicted from his or her home. This scenario is only possible in situations expressly provided for in the law, such as subdivision, demolition, extension or change of use of the dwelling. Several stringent requirements are legally accepted in these circumstances.
In the case of minor work, the lessor must notify the lessee verbally or in writing at least 24 hours in advance.
It’s important to note that under no circumstances can a landlord terminate a tenant’s lease simply to renovate the dwelling, commonly referred to as a “renovation-eviction”. This practice frequently results in disguised eviction through an unreasonably high rent increase.
We can see that work and repairs entail a number of obligations and rights for both parties. Tenants of private seniors’ residences who would like information or support on this subject can contact CAAP Montérégie at 450 347-0670, ext. 104.
