Are Landlords in Ontario Required to Provide Tenants with Air Conditioning?

Landlord & Tenant Law   |    Oct 18, 2024      | By: Harbir Singh

In the province of Ontario, the summer months can be known to produce some serious heat waves that can have many turning on their air conditioning units. A common question we hear is “are landlords required to provide air conditioning in rental units.”

Let’s explore the legal obligations landlords have under the Residential Tenancies Act (RTA).

The Legal Background

 The Residential Tenancies Act, also known as the RTA, governs the relationship between landlords and tenants in Ontario. There is no requirement in the RTA that states landlords are required to provide their tenants with air conditioning.

Under the RTA section 21, it sets out the “landlords responsibilities regarding services” and states:

21(1) “a landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food.”

Vital Services Under the RTA

Under the Residential Tenancies Act (RTA), “vital services” includes:

·         heat;

·         fuel;

·         gas;

·         electricity; and

·         hot or cold water.

Tenants have the right to these vital services as per the RTA. These vital services do not include air conditioning.

What Are the Scenarios Where Air Conditioning is Required?

As we saw above, air conditioning it not a requirement or a vital service for an obligation for the landlord to provide the tenant. But there are some exceptions, for example:

1. Agreements: If the tenant signed a lease agreement with the landlord requiring air conditioning services, then a landlord can be obligated to uphold the agreement.

2. By-Laws: Different municipalities have different by-laws. Check your local by-laws to see what the requirements are.

What Are Your Options as A Tenant?

Tenants who are in a position where the heat is unbearable and they find it uncomfortable or life-threatening without air conditioning, a few options to consider are:

·         Speak with Your Landlord: Chances are your landlord is understanding and would be willing to install an air conditioning or similar accommodations.

·         Purchase an air conditioner: If your landlord cannot afford or is unwilling to install an air conditioner, get permission from your landlord to work on an agreement to purchase one yourself. 

·         Seek legal advice: Contact a legal professional such as a landlord tenant paralegal near you, to see if you have any other options.

Conclusion

The summer months can produce a lot of unbearable heat, especially if you are without air conditioning in your rental unit. A landlord is not obligated under the RTA to provide air conditioning services. If you are looking for a solution, try one of our suggestions above in the “what are your options as tenant” section.

You can also check online for a “landlord tenant paralegal near me” and speak to a professional to explore your options.

Contact HSB Legal Services

Navigating the Landlord Tenant Board (LTB) can be a complex task. Ensure you are putting the best case forward, to receive the outcome you desire. By contacting HSB Legal Services, you can have the peace of mind knowing your case is in the hands of a legal professional.

We serve all areas of Ontario, so whether you are looking for a paralegal in Toronto, paralegal in Vaughan, paralegal in Brampton, paralegal in Mississauga, paralegal in Scarborough, paralegal in North York, paralegal in Etobicoke, paralegal in Malton, paralegal in Rexdale, paralegal in Milton, paralegal in Oakville, paralegal in Niagara Falls, paralegal in Burlington, paralegal in Barrie, paralegal in Richmond Hill, paralegal in Downtown Toronto, paralegal in Oshawa, paralegal in Ajax, paralegal in Whitby, paralegal in Markham, or a paralegal anywhere in Ontario, we are here to serve you.