Toronto Landlords and Their Obligations to Provide Air Conditioning in 2024
The current laws are very clear about what landlords’ obligations are – if air conditioning was present in the unit prior to the tenant moving in, it must be kept in good working order and keep the unit at a temperature under 26 Celsius between June 2 and September 14. Otherwise, the landlord is not required to install air conditioning.
The political climate is such that we may see bylaws around maximum temperatures being enacted in the next few years by the City of Toronto and other municipalities in the Greater Toronto Area. The average temperature of Toronto summers is climbing steadily, which may prompt officials to introduce new requirements for landlords to provide cooling for tenants. It’s best to be proactive about this, both to keep tenants happy and to be ready for any such laws to be enacted.
What if a tenant wants to install an air conditioner?
A tenant cannot legally be prevented from installing their own air conditioner, but it must be done in a way that will not damage the property. If this is a concern, the landlord should install it themselves, or they should encourage the tenant to get a portable plugin unit rather than one that fits into a window. They will also need to notify you in writing prior to installing the air conditioner. The Residential Tenancies Act extensively covers air conditioning under Section 36.1, and you may want to review it if you find yourself in this situation.
If the tenant chooses to have you or your property manager install the unit, make sure that you submit a written request to enter the unit as in advance of the planned installation time to protect yourself against potential tenant complaints.
If your tenancy agreement includes you paying for the tenant’s electricity, you are allowed to increase the rent in a very carefully prescribed manner and only while the tenant has the air conditioner in operation. The increase can only be for the amount it costs to operate the air conditioner, which can be obtained by giving the wattage for the appliance to your power company, who can then give you an estimate for the monthly bill.
Preparing for potential maximum temperature laws
Since the mayor has called the problem of increasing heat in Toronto for tenants “dire and incredibly challenging,” it isn’t too far of a jump to think that new maximum temperature bylaws may be on the horizon. It also may go a long way towards keeping good, long-term tenants happy – we believe that good relationships with tenants prevent issues and protect your rental income.
Realistically, window air conditioners and the cost of running them are inexpensive when stacked up against the potential cost of losing a good tenant. If you have a multi-unit property, central air conditioning is even more economical, and easier to maintain as the units are typically installed in areas the landlord can easily access.
If you want to have better relationships with your tenants, and offload stress and maintenance onto someone else, give us a call today. We’ve been conscientious property managers in Toronto, the GTA, and surrounding areas for a number of years and we have an excellent track record of making sure that both our property owners and their tenants are happy.
Note: This article is an updated version of this one, which was written in 2019. It has been updated to reflect the ability to charge for AC use in the summer and the current political climate which is leaning towards making air conditioning a must-have for tenants.
