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Winter heating: your rights as a tenant in Montréal

5 min read · Gestion Condo

Residential kitchen with a counter and appliances
Illustrative photograph : Naomi Hébert / Unsplash · License

In Montréal, the temperature inside a dwelling must normally reach 21°C during the cold season. That is the City's rule, and it applies whether heating is included in your rent or paid by you. When the temperature drops and the apartment stays cold, you need to know who is responsible for what, and how to get things fixed quickly.

Here are your rights, your responsibilities and what to do if your unit is poorly heated.

The 21°C rule

The City's by-law on the sanitation and maintenance of dwellings provides that the temperature inside a dwelling must normally reach 21°C. Non-habitable or unoccupied rooms, such as storage, must be kept at no less than 15°C.

There is one nuance during extreme cold: when it is -23°C or colder outside, a slightly lower temperature may be tolerated if the heating system is running at full capacity. In other words, an old radiator that works poorly does not become acceptable just because it is cold out. What matters is that the equipment is in good condition and doing its job.

Heating included or not: who pays for what

If heating is included in the lease, the landlord must provide sufficient heat at all times during the cold season, regardless of energy costs. They cannot turn down the central heating to save money.

If you pay for heating, you cover the electricity or fuel, but the landlord remains responsible for the equipment: baseboards, thermostats, furnace, radiators and basic insulation. A faulty thermostat or a dead baseboard heater is the landlord's repair. For your part, you must use the heating normally. Shutting it off completely during a January trip can freeze the pipes, and you could be held responsible for the resulting damage.

Reporting a problem, step by step

Start by notifying the landlord or property manager in writing, by email or text, describing the problem and the temperatures you measured. Take a few photos of a thermometer placed in the middle of the room at different times of day. This written record is your best protection.

A heating failure in the middle of winter is an urgent repair. The landlord must act quickly. If nothing is done within a reasonable time, you can request an inspection from the City of Montréal, which can visit the unit, order work and impose fines. You can also turn to the Tribunal administratif du logement to have the work carried out, obtain a rent reduction or claim damages, depending on the situation.

Never stop paying rent to force a repair: that is the surest way to end up in default yourself. Use the remedies the law provides.

Your responsibilities for a trouble-free winter

Tenants have a role to play too. Do not block baseboard heaters with furniture or heavy curtains: they heat poorly and can become dangerous. Keep a minimum temperature when you are away. Air out the unit a few minutes a day and use the bathroom fan: excess humidity causes condensation on windows and, over time, mould.

Report drafts, windows that do not close properly and worn seals promptly. A small sealing problem fixed in November costs everyone less than water damage in February. If you have questions about what your policy covers, our article on tenant insurance covers the topic.

Condos and large buildings

In a condo unit rented out by an individual owner, your contact remains your landlord, not the condominium syndicate. It is up to the landlord to deal with the syndicate when the problem comes from shared equipment, such as a central boiler or corridor ventilation. In a rental building run by a management firm, the property manager is usually the right first contact.

FAQ

Can my landlord set the thermostat at 19°C?

If heating is included, the unit must normally reach 21°C during the cold season. A lower setting imposed by the landlord does not meet the municipal standard in Montréal.

What if my heating breaks down at night or on a weekend?

Notify the landlord or the building's emergency service immediately, in writing if possible, and keep proof of your message. A heating failure in winter is an emergency. If no one responds and the situation becomes dangerous, contact the City.

Can I use a space heater?

Yes, as a temporary solution, following safety guidelines: a certified appliance, plugged directly into a wall outlet, away from curtains and furniture. It does not replace the repair the landlord must make.

Am I entitled to a rent reduction if my unit is too cold?

The TAL can grant a rent reduction when a tenant is deprived of part of the enjoyment of the premises. Your written evidence, photos and temperature readings will be decisive.

Does the 21°C rule apply outside Montréal?

Standards vary by municipality. Everywhere in Québec, however, the landlord must deliver and maintain a dwelling in good habitable condition, which includes adequate heating.

Have a question about a unit managed by Gestion Condo? Contact us: our team answers within 4 business hours.

General information: rules and circumstances may vary. Check official sources or consult a professional about your situation.