Is there a minimum temperature an Ontario landlord has to keep a rental at in winter?
Swipe for the 1 minute answer
The LTB says 20°C from Sept 1 to June 15. Toronto now requires 21°C from Oct 1 to May 15.
From Sept 1 to June 15, heat is a vital service. A landlord can't cut it to pressure a tenant, even when rent is overdue.
- 01Thermostat still set to cool
- 02Loose panel tripping the safety switch
- 03Clogged filter blocking the airflow
Yifei once found a furnace blowing cold after an inspection. The panel wasn't seated. He put it back and the heat came right up.
- 01Reply the same day, in writing
- 02Ask the setting and actual temperature
- 03Send a licensed HVAC technician
- 04Give 24 hours' written notice to enter
- 05Drop off a space heater meanwhile
- 06Keep every invoice and message
- 01Report it in writing with the temperature
- 02Keep paying the full rent
- 03No repairs: file a T6. Heat cut: a T2
Tell Yifei about your situation and he'll tell you straight what to do.
Ask YifeiFirst, who controls the heat?
Either way, the furnace, blower and thermostat are things the landlord provides, and under the Residential Tenancies Act (RTA) keeping them working is the landlord's job, even if the tenant knew about a problem when they moved in. A tenant who turns the heat down to save money isn't a landlord violation. A furnace that can't get the place warm is.
From September 1 to June 15, heat is also a "vital service" in Ontario. A landlord can't cut it off to pressure a tenant over rent or to get them to leave, even if the rent is overdue.
The usual reasons a furnace isn't keeping up
- Thermostat still set to cool. Yifei recently checked on a house where nothing was wrong except the thermostat, still on cooling from the summer.
- Furnace door not seated. The front panel presses a safety switch. If the panel is loose, the switch cuts out and the furnace won't blow heat.
- A clogged filter.
- An older furnace with a worn igniter or blower motor. That's a job for a technician.
What Yifei has run into
Yifei once went to a house where the furnace was running but blowing cold. He suspected the last home inspector hadn't put the panel back properly, got down on the floor, and found the safety switch off. Panel back on, heat came right up. His takeaway: after an inspection, check the panel before you call anyone.
In another case a tenant emailed that the heat had been on for a while without warming the place. Yifei texted the HVAC technician and emailed the tenant to book a time with the technician directly. When the landlord, agent, tenant and technician all relay messages, appointments fall through; Yifei has seen a technician make several wasted trips that way.
What a landlord should do when the call comes in
- Reply the same day, in writing.
- Ask what the thermostat is set to, what the actual room temperature is, when the filter was last changed, and whether the furnace shows a fault light.
- Send a licensed HVAC technician; for a gas furnace, use a licensed gas technician.
- Give at least 24 hours' written notice before entering, with the reason, the date and a time of entry between 8 a.m. and 8 p.m., unless the tenant agrees to let you in at the time.
- If parts are on order, drop off a space heater in the meantime.
- Keep every invoice and message.
What a tenant can do
- Report it in writing with the date and the indoor temperature.
- Keep paying the full rent. If rent isn't paid, the landlord can apply to the LTB to end the tenancy, and that is a separate issue.
- If repairs don't happen, file a T6 with the LTB. If the landlord shuts off the heat, file a T2. In Toronto, raise it with the landlord or property manager first; if it isn't resolved within 24 hours, you can call 311.
Frequently asked questions
Can a landlord turn the heat off in winter?
Not between September 1 and June 15, when heat is a vital service. Turning it off briefly to repair the furnace is normally fine as long as it's back on once the repair is done; if it drags on, or you're not sure whether it crosses the line, ask a lawyer.
What if the tenant keeps the place too cold?
If the tenant pays for gas, the setting is usually up to them. Yifei had a tenant keep the heat at 16°C; he arranged to drop by once the cold set in and nudge it up if needed, so pipes on outside walls wouldn't freeze. Who pays for a frozen pipe depends on the lease and insurance; ask a lawyer if it comes to that.
Have a question about your own place?
Tell me about your situation and I'll tell you straight what to do. Reach Yifei (RE/MAX) at efay.ai.
Sources
- Landlord and Tenant Board, Maintenance and Repairs brochure: https://tribunalsontario.ca/documents/ltb/Brochures/Maintenance%20and%20Repairs%20%28EN%29.pdf
- Landlord and Tenant Board forms (T2, T6): https://tribunalsontario.ca/ltb/forms/
- City of Toronto, heat bylaw: https://www.toronto.ca/heatbylaw
- Toronto Municipal Code Chapter 497, Indoor Temperature Standards: https://www.toronto.ca/legdocs/municode/1184_497.pdf