Renting in a heat wave? What landlords owe tenants in extreme temperatures

As a severe heat wave grips Canada, tenants seeking relief from soaring temperatures are looking to their landlords for assistance, but the extent of this obligation is complex and varies by location. Environment Canada has issued heat alerts across multiple provinces, with temperatures expected to reach as high as 36 C in some areas, accompanied by high humidex values.

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In Canada, which is a notoriously cold place in the winter, there are rules about heat. A landlord can’t just turn off a tenant’s heat.

Unlike the clear rules preventing landlords from cutting off heat in winter, regulations concerning cooling are still evolving. "Both law and advocacy are catching up as Canada warms up in the era of climate change and heat waves get worse," noted Austen Metcalfe, a Toronto-based lawyer specializing in tenant and landlord law.

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Both law and advocacy are catching up as Canada warms up in the era of climate change and heat waves get worse.

In British Columbia, the Residential Tenancy Act does not explicitly require landlords to provide air conditioning, though they must maintain "health, safety and housing standards." Quebec mandates landlords to ensure habitable temperatures year-round, without a specific temperature limit. Ontario's Residential Tenancies Act also does not obligate landlords to provide air conditioning but requires rental units to be in good repair and meet safety standards.

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Tenants (in Ontario) are getting a right in the Residential Tenancies Act to install air conditioning (in a rental unit).

However, a significant update to Ontario's law, effective July 1, will grant tenants the right to install window or portable air conditioners in units where the landlord does not supply cooling. This right is conditional: tenants must provide written notice to the landlord, ensure the air conditioner is energy-efficient, and install it safely without damaging the property. Landlords can refuse installation if these conditions are not met. The new law also addresses situations where the landlord pays for electricity, potentially allowing for rent adjustments.

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may install and use a window or portable air conditioner in a rental unit for which the landlord does not supply air conditioning.