New repair do’s and don’ts for residential rentals

Construction or renovations begun before April 4 can be completed. However, other work can only be performed if it falls within this test:

“Maintenance, repair and property management services strictly necessary to … maintain the safety, security, sanitation and essential operation of … residential properties and buildings.”

That is essential work, Category 20, in the shutdown order. That test prevails over the property standards bylaw, and any other city requirements.

City of Ottawa By-law and Regulatory Services (BLRS) is responsible for enforcing the shutdown order. According to BLRS, most unit turnover work falls within Category 20 because it is done in order to provide a clean unit in a good state of repair for a new tenant. Landlords must ensure that the unit is safe, secure and sanitary, and the electricity, plumbing and appliances work.

While doing that work, you should comply with the physical distancing rules, and the hand-washing guidance and building cleaning guidance from Public Health. To avoid people coming within two metres of one another, you should limit the number of people who are working in the unit at any given time.

Other work that you and all landlords should continue to do under the shutdown order includes the following:

• Building cleaning and disinfection as recommended by Public Health

• Treating pest infestations • Preventive pest treatment in common areas

• Work that needs to be done immediately to protect or restore the physical integrity of the residential complex or part of it (e.g., a leak in the roof, loose bricks at risk of falling off the building, windows allowing water penetration)

• Work that needs to be done immediately to maintain a plumbing, heating, mechanical, electrical, ventilation or air conditioning system (e.g., fixing broken pipes, replacing a cracked boiler, electrical defects that could cause a fire, etc.)

• Work that is necessary to remove an imminent danger, such as a tripping hazard

• Repairing holes in walls • Elevator maintenance and repairs

• Testing and maintenance of fire safety systems.

However, landlords should not do work that is not strictly necessary, including:

• Performing cosmetic renovations in occupied suites or common areas

• Planting flowers

• Installing water-efficient fixtures or LED lighting for conservation purposes.

For the time being, BLRS also wants landlords to skip grass cutting and lawn maintenance, but that may be rethought as time goes by. In doing all the permitted (and required) work, the guidance from Public Health should be followed.

Landlords need to let tenants know how they can reach them while rental offices are closed during the pandemic. Tenants should cooperate with the necessary work. They need not report cosmetic or minor repairs, but they should report any significant repair needs such as any water leaks or penetration, and any safety or security hazards. Since rental offices have been closed, tenants should report such repair needs through the landlord’s web portal, by email or by telephone.