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La loi vos droits
Clientele : Tenants Subject : Heating Your Apartment Print date : February 7th, 2012

Tenants
Your Rights During a Lease
Heating Your Apartment
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Winter arrived early this year. It's only October 1st, but the temperature has already dropped to 5 degrees Celsius. Your landlord refuses to heat your apartment because the lease says that the heat will be turned on November 5.

Is this part of the lease legal? Is there anything you can do about the situation?

In this Infosheet, Éducaloi explains your rights regarding heating in your rented dwelling.
The law does not set a date when landlords must start heating. The rules of common sense apply. This is because it can be cold in September and hot in March. However, the landlord must maintain an appropriate temperature at all times.

This means that your landlord cannot enforce a statement in the lease indicating a date when the heat will be turned on. This kind of statement is not valid.
There is no minimum temperature in the law. Nevertheless, the Régie du logement (rental board) acknowledges that the temperature cannot fall below a certain level - around 21 degrees Celsius - in normal weather conditions.
Yes. If you are heating your dwelling too much, your landlord can file a complaint with the Régie du logement to:

  • have you lower the room temperature
  • have you pay for the excess heating
  • cancel the lease

For example, it is possible that the apartment is poorly insulated, or that the outside temperature was far below the normal seasonal temperature. The Régie du logement will decide if you behaved reasonably given the circumstances.
If the heat shuts down and it is really cold outside, you should immediately tell your landlord. When it is an emergency, you aren’t required to send a written notice - a verbal one will do.

However, a written notice with proof that the landlord received it can help protect your rights: it can show that you informed the landlord of the problem. You should consider doing both: speaking to your landlord about the problem immediately and then confirming it in writing!

If the landlord fails to react or is away, you can make the necessary purchases and get the repairs done yourself. If it is an emergency situation, you will probably have a right a full reimbursement of any reasonable expenses. Make sure to keep receipts for expenses.

If the heating system breaks down, the landlord must still make sure that the tenant can be comfortable and that the building is not damaged. If the situation cannot be fixed immediately, the landlord can resort to temporary solutions, such as a generator.
  • Inform the landlord of your dissatisfaction (verbally or in writing).
  • Give the landlord a reasonable amount of time to fix the situation.
  • If nothing is done, send him a demand letter. For more information on this subject, consult our Infosheet Demand Letters.

If the landlord still fails to fix the situation, you can file a complaint with the Régie du logement. For further information, consult our Infosheet Hearings at the Rental Board.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.
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