Legal Tips from CLEO: How Tenants in Toronto Can Keep the Heat On

This guest post is one in a series providing practical, easy-to-understand legal information from CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario).

With winter in full swing, here’s some information to help tenants stay warm.

What landlords have to do

Ontario's Residential Tenancies Act (RTA) says that landlords must:
• keep their rental housing in a "good state of repair and fit for habitation"
• follow all applicable housing standards

This means that landlords must make sure that heating systems – things like furnaces, boilers, thermostats, ducts, and radiators – are working properly.

It also means that they must correct other problems that make the place too cold, such as:
• windows that don't close properly
• drafts from doorways and other openings
• poor insulation

Minimum temperatures

If the landlord controls the heat, there’s a minimum temperature they must keep it at. If the tenant controls the heat, the system must be able to keep the place at that temperature.

The details are usually set in local bylaws. The City of Toronto bylaw says the heating system must be able to heat the place to at least 21 degrees Celsius, from September 15 to June 1. Other parts of the province have different rules.

What to do if there's a problem

The tenant should tell the landlord in writing about the problem. And they should make sure to keep a copy of what they give the landlord, for example, a letter or an email message.

If the landlord doesn't fix the problem within a reasonable time, the tenant can call their local bylaw enforcement or housing standards department. Tenants in Toronto can call 311 or read more on the city’s website.

The department will usually contact the landlord or send an inspector to confirm that there's a problem. They can order landlords to do repairs and take them to court if they don't.

Tenants can also make an application to the Landlord and Tenant Board. The Board can order landlords to do repairs, as well as lower the rent until the repairs are done.

If a service is cut off because of the landlord

If a tenant loses heat because the landlord interferes with the energy supply or hasn't paid the bill, they can call the Investigation and Enforcement Unit. This applies whether or not there's a local housing standards bylaw.

They can also call their local councillor or bylaw enforcement department to see if there's a "vital services" bylaw in their area. Tenants in Toronto can find out about bylaw enforcement and who their city councillor is by visiting the city’s website.

Tenants can apply to the Landlord and Tenant Board in these situations as well.

If the heating bill is in the tenant's name

Many tenants must pay the heating bill themselves because it's not included in their rent. If a tenant can't pay their bills, the utility company might cut off the service.

People who have low incomes may be able to get help from the following energy programs.

Ontario Electricity Support Program (OESP)

The new Ontario Electricity Support Program applies monthly credits to the electricity bills of customers who qualify. People whose homes are heated by electricity can get larger monthly credits.

There is a quick and easy-to-use online tool that shows if someone qualifies.

Electricity customers can apply online or in person through a large number of social service agencies.

Low-Income Energy Assistance Program (LEAP)

This program gives emergency help to people who may have their gas or electricity disconnected because they haven't paid their bill.

It also lets them benefit from special rules, such as:
• not having to pay a security deposit
• having flexible payment plans if they owe money
• getting faster refunds if they're overcharged
• not having to pay by automatic withdrawal to get equalized billing

To find out if they're eligible, people must apply through one of the agencies that work with LEAP.

For more information

CLEO has many resources to help tenants, including:

• Maintenance and repairs
• How much heat does my landlord have to provide?

Who is CLEO?

CLEO (Community Legal Education Ontario/Éducation juridique communautaire Ontario) is a non-profit organization that provides accurate and easy-to-understand legal information for people in Ontario. CLEO is funded by Legal Aid Ontario, the Department of Justice Canada, and the Law Foundation of Ontario.

Additional Resources at Toronto Public Library

The annotated Ontario Landlord and Tenant Act, latest edition

Ontario landlord and tenant legislation, latest edition

Residential Tenancies, 10th edition

Residential Tenancies in Ontario, 3rd edition