Air Conditioning: Tenant Rights and Responsibilities
Note: The Residential Tenancies Act was amended in 2023 to alter the laws around air conditioning, but these changes are not yet in force. This article reflects the current state of the law in Toronto (as of July 10, 2025).
As Toronto experiences more heat waves, many tenants have questions about air conditioning (“AC”). It is not always clear who is responsible for providing AC, or whether AC is even permitted in a unit. Below we will address some frequently asked questions to help tenants better understand their rights and responsibilities when it comes to AC.
Is my landlord responsible for providing AC?
Your landlord is only responsible for providing AC if it is included in your lease. If you have a standard form lease, it will say on page 3 whether AC is included in the lawful rent for the rental unit. If the “yes” box is checked off, this means that your landlord is responsible for providing you with AC. Keep in mind that since AC charges are considered part of your lawful rent, increases in this charge are subject to the provincial rental increase guidelines.
It is important to remember that you DO NOT have to accept new charges for AC if you have never had to pay for it before. Your landlord also cannot force you to pay for AC if you don’t want AC. However, if AC is not included in your lease and you would like the landlord to install it, you and your landlord may agree to raise your rent in exchange for the cost of installation and/or for the cost of the extra electricity to power the AC, using form N10. The maximum rent increase must be the actual cost to the landlord of the AC installation and/or electricity. If it is not possible to determine the actual cost, or where there is no cost to your landlord, this increase in rent must be a reasonable amount based on the value of the AC and/or its electricity. In any case, the increase in rent must not be more than the mandated rent increase guideline, plus 3%.
If your landlord provides your AC, the Toronto Property Standards Bylaw (Toronto Municipal Code Chapter 629) was recently updated to mandate that “(a)ll air-conditioning systems shall be operated from June 1 to September 30 so as to maintain an indoor temperature of not more than 26 degrees Celsius.” If you find that your AC is not keeping your unit sufficiently cool during these summer months, make sure to ask your landlord in writing to fix it. If your landlord does not respond within 7 days and the problem continues, you can call the City of Toronto’s 311 line. The City of Toronto will send a bylaw officer to your unit to investigate the problem.
Can I install my own AC?
If AC is not mentioned in your lease, you are allowed to install your own, but you should talk to your landlord about it first. Your building may have guidelines around what type of AC is best to be installed. For example, a window unit may need to be professionally installed to ensure it is safe, while a portable air conditioner may not. It is a good idea to get permission in writing from your landlord before installing any form of AC.
If your lease says you need your landlord’s permission to install an AC, then you must ask for permission in writing and keep a copy of your request. Your landlord may increase your rent to cover the extra cost of electricity to power the AC if hydro is included in your rent.
It is important that the AC is installed and operated safely and does not cause damage or disturb other tenants. Some AC units may be loud or leak fluid, so you should take this into consideration when selecting an AC. If the AC you install does cause serious problems in your building, you may be required to pay for the damage and remove the AC, and if the problem persists your landlord may attempt to evict you.
Can my landlord charge me extra if I use my own AC?
Check your lease! If extra charges for AC are not specified in your lease, your landlord is not allowed to charge you extra if you install your own AC. If your lease does say that the landlord can charge you a fee for the extra electricity, then that fee can only be charged during the months that you use the AC. Your landlord cannot charge you for months when the air conditioner is not in use, since the landlord is not actually providing any extra electricity for those periods.
What if the AC is broken?
If the AC is provided by your landlord, then your landlord is responsible for repairing it. You should first ask your landlord in writing to fix the broken AC, and if the landlord ignores you or refuses to fix it, call the City of Toronto at 311. If you keep having these issues, you can file a T6 application for maintenance, and then the Landlord and Tenant Board may order your landlord to fix it. However, if you broke the AC through negligence or on purpose, you may be required to pay for it.
If you installed the AC yourself, you are solely responsible for its repair and upkeep.
How might AC rules change in the future?
The City of Toronto is currently considering whether to amend municipal bylaws to mandate a maximum temperature standard for all residential properties. If this happens, all landlords will be required to provide AC during the summer months. A maximum temperature standard would function in a similar way to the existing minimum temperature standard, which ensures landlords provide heat from Oct. 1 to May 15 and keep internal temperatures at a minimum of 21 degrees Celsius. Read this CBC article for more information.
Tenant advocacy groups and environmental organizations around Canada are petitioning for government action to address the dangers of extreme heat in rental housing, including the Canadian Environmental Law Association and the Low-Income Energy Network. To learn more about the work being done locally, check out the Toronto Heat Safety Collation. If you or someone you know is a tenant affected by Toronto’s heatwaves, call your local City Councillor and demand municipal action on the problem of extreme heat.
This is legal information and not legal advice. If you require further information or advice, please call our Intake Line at 416-441-1764 ext. 1.