What to know
- Starting July 1, Ontario tenants can install portable or window air conditioners if their landlord doesn’t already provide one.
- Tenants must notify their landlord in writing before installation, and the unit must be installed safely and comply with municipal and building regulations.
- Landlords may increase rent only to recover actual or reasonably estimated electricity costs if they pay for hydro under the lease.
- The new protections come into effect as Ontario faces increasingly hot summers and another heat wave is expected this week.
Starting July 1, Ontario tenants will be allowed to install window or portable air conditioners in their units if their landlord doesn’t already provide them.
The new rule is part of an update to the Residential Tenancies Act, which will include new protections for renters under Schedule 7 of the Helping Homebuyers, Protecting Tenants Act.
With summers getting hotter, and a heat wave expected to hit the province this week, this could offer tenants an opportunity to protect themselves from heat stroke.
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What are the rules for the installation?
Ontario tenants should note there are limitations and rules for the AC installation.
Firstly, tenants must notify their landlords in writing before installing the air conditioner. This notice must also include any available information about the energy efficiency of the equipment, and additional information about the tenant’s anticipated usage.
The legislation also includes that the AC installation must be done safely and securely, and must not damage the rental unit or residential complex.
The landlord is also allowed to enter the unit to inspect the air conditioner, to make sure it adheres to the pre-determined rules.
Does the installation come with rent increases?
If the landlord is responsible for providing electricity to the unit under the lease agreement, they may also increase the tenant’s rent to accommodate any increase in usage resulting from the AC.
This increase should not exceed the added costs the landlord is actually having with the installation, or according to a reasonable estimate provided by the tenant upon notice of the installation.
The landlord is also not allowed to charge a rent increase if it is previously established in the lease agreement that the tenant was allowed to install an AC free of extra charges.
In addition, if the tenant then uninstalls the AC, rent should also decrease back to the original price.
The rent can also vary according to seasonal use. If the tenant only uses the AC during certain months, the landlord may increase rent for these specific months and decrease it back to normal in periods when the tenant isn’t using the equipment.
Are there limitations?
Although the new rule determines that, in general, the landlord isn’t allowed to prohibit the installation of air conditioners, there are limitations tenants should be aware of.
Firstly, the installation of the air conditioner needs to comply with municipal and building regulations. If these regulations don’t allow for the installation, the tenant may not follow through.
In addition, the legislation also establishes that the landlord may prohibit the installation of air conditioners under prescribed circumstances.
