The law is silent on this point. There is no provision stating the date on which the landlord must start heating the building. Basically, common sense reigns in this matter. It can be cold in September, just as it can be hot in March, so a strict law cannot be set. That is why your landlord is not allowed to include a clause in the lease indicating the date on which the heat will be turned on. If your lease contains such a clause, it is without effect and you can contest it.

Bear in mind that your landlord is bound by his obligation to maintain an appropriate temperature in the dwelling throughout the year.

There is no minumum temperature set out in the law. Nevertheless, the Régie du logement acknowledges that the temperature in a dwelling must be kept above a certain level (around 21 degrees Celsius) under normal climatic conditions.

Yes. If you are heating your dwelling in an excessive manner, your landlord can file a complaint with the Régie du logement to:

• force you to lower the room temperature;
  
• have you pay for the excess heating.

You can respond by showing that the dwelling is poorly insulated (using expert witnesses, bills for work done, photographs), or that over a certain period of time, the temperature was far below the seasonal standard.

If the heat shuts down in the middle of winter, you should immediately let your landlord know. You aren’t required to send a written notice - a simple verbal notice will do.

If the landlord fails to react or is absent, you can make the necessary purchases and get the repairs done yourself. Because this is considered an emergency situation, you are entitled to a full reimbursement of the costs (within reason). Make sure to keep proof of your expenses.

When a heating failure occurs, the landlord is still bound to ensure the tenant’s normal enjoyment of the leased dwelling and to prevent the building from being damaged. If the situation cannot be fixed immediately, the landlord can resort to temporary solutions (generators, heaters).

• Inform the landlord of your dissatisfaction (verbally or in writing).
  
• Give the landlord a reasonable amount of time to remedy the situation.
  
• If nothing is done, send him a notice of default (a written notice explaining the problem and your intention to take legal action). For more information on this subject, please see our Infosheet entitled Notice of default.

If the landlord still fails to remedy the situation, you can file a complaint with the Régie du logement. For further information, please consult our Infosheet entitled Hearings before the Régie du logment.