Is your apartment too cold?

Susan J. Sokol, J.D.

Many people think that a landlord is only required to heat an apartment during a certain time of year. This is not true! If the lease provides that the landlord is responsible for heating, the temperature must be maintained at 21 degrees Celsius all year round.

For those who believe that their apartment is too cold, there are many steps that can be taken. The first is to measure and record the actual temperature of the apartment. The Rental Board recommends that a person check the temperature in his/her apartment by placing the thermometer in the centre of a room, 1 metre above the floor (for example, by placing the thermometer on a chair). It is also recommended that the temperature be measured indoors and outdoors so that the two can be compared.

After finding out how cold the apartment is, the next step would be to advise the landlord. Sending a letter by registered mail (and keeping a copy) can help a tenant prove to the Rental Board and to the City Inspectors that the landlord was informed of the problem, in case this later becomes necessary. If the problem continues, a tenant should call in the City Inspectors, file an application with the Rental Board, or both.

To file a complaint with the City Inspectors, the tenant should make another copy of the letter and mail or fax it to the borough Division des permis et inspections, with a cover letter stating that the apartment is still cold despite the fact the landlord was notified. The inspectors will then contact the landlord and ask him or her to take care of the problem. Next, the City will mail the tenant a form letter to find out if the problem is fixed. The tenant must complete the form letter and return it to the City Inspectors. The inspectors will then schedule an inspection of the building.

To find out how to contact your local City Inspectors office, call the 311 Montreal information line.

At the same time, it is also possible to file an application with the Rental Board. To start a case, the tenant can make another copy of the same letter and take it to the Rental Board office with a copy of the proof of registered mailing. The clerk helps applicants complete the paperwork at the Rental Board. On the application, the tenant can ask the Rental Board to order the landlord to provide sufficient heat, to order a rent reduction, ot to force the landlord to pay for space heaters to heat the apartment until the problem is fixed, etc.

The Rental Board is at Olympic Village, Wing D, 5199 Sherbrooke East, Unit 2095.

Because the Rental Board can take a very long time to schedule hearings for these kinds of cases, if the situation is urgent, other actions may need to be taken in the meantime. If the apartment is freezing cold with no heat at all, a tenant can try to go to the police as well as to the City Inspectors, who may contact the landlord personally about the problem. In addition, a tenant in this situation who files an application with the Rental Board should state that the situation is very urgent, and ask that the case be expedited. If, in an extreme case, it becomes necessary to abandon an apartment, it is important to first have the City Inspectors visit the premises and witness the problem. This will help in case the landlord later tries to hold the tenant responsible for the rest of the lease.