Ottawa Citizen

Landlord entitled to enter unit to complete kitchen repairs

Informatio­n for tenants and landlords

- BY DICKIE & LYMAN LLP WHO PRACTICE LANDLORD/TENANT LAW AND OTHER AREAS OF LAW

Q: I rent an apartment in an eight-unit building in Ottawa. My landlord wants to arrange to repair and repaint a wall that was damaged when the tenant above me let their kitchen sink overflow. He says he has been vaccinated for COVID -19, and so has the painter he uses. He also said he and the painter will wear masks and keep the windows open while they are in the apartment. He also wants me stay out of the room where they are working to keep me six feet away from them at all times. I haven’t been vaccinated because I take a lot of medication­s, and every time I get sick the dosages all have to be readjusted and I feel miserable for weeks. I am reluctant to let my landlord in to do the repairs since they are just for appearance’s sake.

A: Your landlord is entitled to enter to do the repair work. In one sense you are lucky because many landlords are still delaying cosmetic work, but your landlord wants to get your work done.

Your landlord also seems to plan to take all the precaution­s to prevent anyone from transmitti­ng or catching COVID -19. The

masking, distancing and good ventilatio­n are all recommende­d steps to avoid or minimize those risks.

With respect to vaccinatio­n, your landlord is also behaving well. He is apparently vaccinated; his painter is apparently vaccinated, and he has told you that. Landlords are not required to provide that informatio­n, although some do in order to make tenants feel more comfortabl­e with entry into their apartments.

On the other hand, you are not vaccinated. Your desire to avoid needing your medication readjusted is understand­able, but you may be trading a moderate problem for a large problem. Hopefully you have discussed the pros and cons of getting vaccinated with your doctor. The fact that you need so many medication­s may mean that you could face very serious health consequenc­es if you catch COVID -19.

Having had that conversati­on with your doctor, you may be in a better position to ask your landlord to wait. If you decide to get your first dose soon, then your landlord may be willing to wait for two weeks after that to do the work. Many landlords are still putting off such work, either for their own scheduling or at tenants' requests, but they do not have to.

Your situation illustrate­s why the various precaution­s are still in place, and may continue in place for some time. The City of

Ottawa Temporary Mandatory Mask By-law will remain in force until Aug. 25, 2021, at which point it may be extended. As a result, masks must still be worn in all common areas in a rental or condo building.

2022 GUIDELINE ANNOUNCED AT 1.2 PER CENT

In Ontario, the guideline rent increase is calculated each year based on the increase in the Consumer Price Index. The guideline is the maximum rent increase most landlords can charge without applying to the Landlord and Tenant Board.

In 2021, the guideline increase was cancelled because of

COVID -19. For most tenants, that means no rent increase in 2021, but most tenants should expect a rent increase in early 2022, at the amount recently announced, which is 1.2 per cent..

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