Rules about air conditioners – CLEO

Read more in What are the rules about air conditioners?

Reviewed: June 2021

Landlord owns the air conditioner Tenant owns the air conditioner No air conditioner in the unit
Can a landlord charge extra rent to run an air conditioner? Yes, but only if electricity is included in the rent and the lease does not say that air conditioning is included. The extra rent must be based on either:

  • the actual cost to the landlord, or
  • a “reasonable amount” if the landlord cannot easily show how much it costs to run the air conditioner.

If the lease says tenants need the landlord’s permission to use an air conditioner or extra appliances, air conditioning is probably not included in the rent.

Does not apply.
Can a landlord remove an air conditioner? Yes. But if they don’t replace it, the tenant can apply to the Landlord and Tenant Board (LTB) to:

  • have it replaced, or
  • have their rent permanently reduced
Yes, but only if they have an order from a court or the LTB that says they can.

A landlord cannot sell or throw out a tenant’s air conditioner unless the tenant says it’s okay.

To avoid problems, tenants should:

  • have the air conditioner professionally installed
  • make sure it does not make too much noise or cause damage
Does not apply.
Are there rules about how hot a rental unit can be? Maybe. Some cities and towns have rules about maximum temperatures in rental units. Call the local
municipality for more information
.
No. No. But if the place gets too hot, it might break human rights laws and the law that says rental units must be “fit for habitation”.
Who is responsible for maintaining the air conditioner? The landlord. The tenant. Does not apply.
What happens if the lease does not mention air conditioners or extra appliances? The cost of using the air conditioner is included in the rent if electricity is included.

The landlord can still ask the tenant to agree to a rent increase after they add an air conditioner, even if electricy is included. But the tenant can refuse to sign this agreement.

The tenant can install an air conditioner. But they should tell their landlord first and have a professional install it.

If electricity is included in the rent, the cost of running the air conditioner is already included.

A landlord can still ask to increase the rent. But the tenant can refuse to sign this agreement.

Does not apply.

Can a landlord ban the use of air conditioners? Maybe, if the ban is in the lease. But a full ban may go against
a tenant’s human rights. And if a place gets too hot, it may not be
“fit for habitation”.
Can a landlord ban certain types of air conditioners? Yes, if the ban is in the lease.

If it’s not, tenants should check if there’s a ban in the town or city where they live. Condominiums may also have rules banning certain types.


 

Without a lease, the rules depend on what the tenant and landlord said when they made a verbal agreement.

If nothing was said, see What happens if the lease does not mention air conditioners or extra appliances?

CLEO’s Stepstojustice.ca has more information about housing issues.
Visit stepstojustice.ca/legal-topic/housing-law.This is general legal information for people in Ontario, Canada.It is not intended to be used as legal advice.
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