As Ontario summers get hotter, more tenants want to install portable air conditioners in their rental units. Landlords who try to prohibit this may be surprised to find out that their options are more limited than they think. Here is the legal picture.
The Tenant’s Right to Reasonable Enjoyment
Under the Residential Tenancies Act, tenants have the right to reasonable enjoyment of their rental unit. In extreme heat, access to cooling has been interpreted by LTB adjudicators as relevant to reasonable enjoyment. A landlord who unreasonably prevents a tenant from addressing extreme heat conditions may face a T2 application.
Portable vs. Window Air Conditioners
Portable air conditioners (floor units that vent through a hose) generally do not require any permanent modification to the unit — they plug into a standard outlet and vent through a window using a removable kit. These are different from window-mounted units that require permanent installation or modification of the window frame.
Can a Landlord Charge for Air Conditioning?
If a landlord provides central air conditioning or a landlord-owned window unit as part of the tenancy, it is a vital service — the landlord cannot remove or restrict access to it. If the tenant wants to install their own unit, the landlord cannot generally prohibit it, but may have legitimate concerns about electrical capacity or modifications to the unit.
Legitimate Concerns a Landlord Can Raise
Electrical capacity is a legitimate concern — if the unit’s electrical panel cannot safely support the additional load, the landlord can require the tenant to have an electrical inspection before installation. Concerns about structural damage from improper installation are also legitimate. Frame these as safety requirements, not prohibitions.
What Comes Next
Stonegate advises Ontario landlords on their rights and obligations with respect to tenant modifications. Book a free call at https://calendly.com/stonegatelegalservices/20min.
▶ Watch: Landlord Maintenance Obligations in Ontario: What the RTA Requires
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