COVID-19: The Régie will only hear disputes regarding access to housing

In a press release, the Régie du logement announced that it will continue to hear requests for access to housing on an emergency basis. However, CORPIQ has learned from the Government of Quebec that, more precisely, only a request for the benefit of a tenant, who is unable to access his or her dwelling, will be processed on an emergency basis.

This means that landlords who go to court to obtain access to a dwelling, because the tenant refuses, will have to be patient and wait for the return to normal of court activities. This includes, for example, access to show the dwelling, to carry out an inspection or for repairs.

Nevertheless, CORPIQ believes that certain urgent situations that could endanger occupants or the building, and that could be justified in front of the court, could allow the landlord to enter as well. The presence of witness or police, if necessary, could be useful in the event that the tenant then files an application with the Régie du logement to complain.

What does a sub-tenant do if the tenant returns?

The unexpected return of tenants who had sublet their unit for an extended period of time may complicate matters for subtenants who obviously do not want to look for a new unit in the midst of a period of scarcity and pandemic.

Under the Article 1940 of the Civil Code of Quebec, the tenant must give his sub-tenant 10 days' notice before repossessing the premises. However, in practice, access to his dwelling may require court intervention if the sub-tenant refuses to leave. However, the Régie du logement has put the brakes on hearings that will be limited to urgent cases. As previously mentioned, such a case could be handled on an emergency basis if the tenant is prevented from accessing his dwelling, according to information provided to CORPIQ by the government. This being said, the landlord cannot be held responsible in the event of a dispute between the tenant holding the lease and his sub-tenant.