Air Conditioners
Are you covered by the Residential Tenancies Act?
Please note that the information on this page is for tenants covered under the Residential Tenancies Act (RTA), specifically those who live in for-profit rental housing. You may be excluded from all or parts of the Residential Tenancies Act if you live in social housing, non-profit housing, co-operative housing, a student dormitory, a shelter, a jail/prison, or a care home. If you share a kitchen or bathroom with your landlord or a landlord's close family member, you are likely exempt from the RTA (unless the landlord moved in after you moved in).
Am I allowed to have an air conditioner?
Now that summer is in full swing, tenants across the city are facing pressure from landlords to remove their air conditioners, or pay to use them. What are your rights in these situations?
The first step is to look at your lease, if you have one. Does it say you may have an air conditioner for an extra fee? This is sometimes seen in leases - particularly recent ones - when landlords are paying for electricity. A landlord is entitled to charge you a fee for an air conditioner if:
1) It is a term in the lease
2) The landlord pays electricity costs
3) The charge is monthly, not seasonal
4) The charge is approximate to the price of electricity use.
However, if you have been using an air conditioner for a long time, with the knowledge of your landlord, you could argue that this is implied consent - even if your leave says you can't have an air conditioner. Your argument will be stronger if you have proof your landlord knew about it and did nothing.
Your landlord cannot arbitrarily require you to remove your AC, or begin paying a fee to have it, if there is nothing in your lease that prohibits you from having one or requires you to pay a fee.
If your lease says you need the consent of your landlord to have an AC, you may need to obtain consent before installing one.
Do you need an AC due to medical reasons? You have rights under the Human Rights Code. The landlord has a duty to accommodate on the basis of disability, to the point of undue hardship. You may want to consider getting a doctor's note. If your landlord will not accommodate you, reach out to your local legal clinic.
For more information, visit the Federation of Metro Tenants' Associations' post "Rules Around Air Conditioners."
Update from July 19, 2023: Bill 97 will change the rules around air conditioning in Ontario rental units. Bill 97 has reached royal assent, but these changes will not take effect until the bill's proclamation. OVTU will keep members updated as we learn more.