Case of COVID-19 in my building? What can I do?

With approximately 19,000 cases in Quebec, the probability of having infected people in the rental network is increasing. In fact, the survey conducted by CORPIQ last week shows that 3% of respondents claim that they are sheltering a tenant with COVID-19.

It is important that landlords invite their tenants to inform them of their state of health, so that they have the information to act, especially in buildings with common spaces (see the article Important notice to share with tenants about COVID-19).

Sick tenants sometimes lead to denunciations by other tenants, thus leading to situations that are not easily managed by the landlord. In the face of ambiguity, the landlord needs to be proactive and contact the affected tenant to inquire about his or her health, while reminding the tenant with symptoms of aid available via telephone for assistance. The landlord must also remind the tenant of the importance of confinement and all health instructions.


Act

The landlord must ensure confidentiality to the infected person and inform the tenant that this confidentiality will be ensured. It should be noted that if the behaviour of a tenant infected with the virus endangers the other occupants of the building, it will be necessary for you to inform them of the case and, if necessary, the authorities. The landlord must establish a clear and unambiguous communication with the tenant to inform him or her that he has the obligation to be quarantined, that is to say, not to leave his dwelling under any circumstances. Some of the key elements that should be checked and clarified with the tenant, to ensure that he or she does not leave the dwelling include the following, which may vary depending on the type of building:

• Corridors, common areas and balcony: under no circumstances the tenant should go through the door of his dwelling. He must stay inside and therefore has no access to the corridor or other common area. However, he has the right to go out on his balcony to get some fresh air. If the balcony is shared with another dwelling, the other tenant should be informed not to go out on his balcony. If the balcony is shared, the infected tenant should not touch the adjoining parts of the balcony (railing or stairs).
• Mail: If mail is not directly accessible from his or her door, the landlord should arrange for mail to be delivered directly to his or her door.
• Laundry room: if the tenant usually uses a laundry room located outside his dwelling, the tenant must, during the quarantine period, understand that he does not have access to it.
• Grocery store: the infected tenant should use Internet orders and delivery services as much as possible. The landlord must ensure that access to the building allows it. If this is not possible, the tenant will have to find help to shop and deliver groceries, by always respecting instructions.
• Garbage and Recycling: The landlord will have to offer the infected tenant a way to take out his garbage and recycling bags at the agreed time.
• Visiting friends or family: although not recommended, the infected person may ask for help from family. These visits should be limited to strictly necessary cases. Sanitary measures must be followed to the letter and the wearing of a mask is strongly recommended.

It is indeed recommended that the infected tenant wear a mask if there is to be any interaction with the landlord or any other person, even if distancing measures are respected.


What should I do if the tenant does not follow the instructions?

There are enforcement provisions that can be used against infected tenants who do not comply with the government quarantine. A tenant who leaves the unit could spread the virus and endanger the lives of other occupants. The landlord could therefore call the police and very severe fines could be given to the tenant. Also, if the infected tenant leaves his dwelling, the landlord will have to disinfect as much as possible the visited places. If he deems it necessary, the landlord may notify the other tenants and thus no longer have to keep his commitment of confidentiality, for the protection of all.

It is clear that as soon as a landlord is informed that a person has the virus, he must be doubly vigilant and apply the sanitary recommendations in a very strict manner.