(Disponible en français)
On July 1, 2026, new rules about air conditioners were added to section 36.1 of the Residential Tenancies Act, 2006 (RTA).
This brochure provides an overview of the new rules, and what landlords and tenants need to know about this change to the RTA.
Effective July 1, 2026, if a landlord does not provide air conditioning, a tenant can install their own window or portable air conditioner in their rental unit if they meet all of the following conditions:
A tenant has a right to install their own window or portable air conditioner if they meet all conditions, even if the tenancy agreement states that air conditioners are not allowed or the landlord objects.
The tenant must tell the landlord in writing before installing the air conditioner for what periods of time they intend to use the air conditioner. For example, the months of June, July, and August. They must also tell the landlord in writing when the air conditioner is removed or no longer in use.
The conditions in the list above also apply to a window or portable air conditioner installed by a tenant in a rental unit before July 1, 2026, except for conditions 1 and 2.
These rules do not apply to rental units in a mobile home park or land lease community.
A landlord can give the tenant a written notice of at least 24 hours to enter the rental unit to inspect the air conditioner. The landlord can inspect the air conditioner to see if:
If electricity is included in the cost of rent, and the tenancy agreement does not prohibit rent increases for the use of an air conditioner, the landlord can increase the rent to cover the cost of running a window or portable air conditioner installed on or after July 1, 2026.
The cost of rent must be decreased by the same amount when the air conditioner is removed or is no longer in use. For example, at the end of the summer.
When the tenant starts using the air conditioner again the following year, the landlord can increase the rent during the period the air conditioner is used.
This is called a seasonal rent increase or rent decrease.
The tenant must tell the landlord in writing before installing the air conditioner, and when it is removed or no longer in use. For example, the tenant might inform the landlord they plan to use the air conditioner for the months of June, July and August.
The landlord should notify the tenant on what dates their rent will be seasonally increased and decreased, and by how much.
This type of increase, which is related to the cost of using an air conditioner, is different from other rent increases. The usual rules under the RTA, which include giving a 90-day written notice on an LTB-approved form, or waiting at least 12 months since the last increase, do not apply.
The rent increase can only be charged for months when the air conditioner is being used. For example, if the tenant uses the air conditioner from July 1 to September 30, the rent increase should only apply to payments made for the months of July, August, and September.
The seasonal rent increase cannot be more than the actual cost of the electricity supplied to operate the air conditioner.
If the actual cost cannot be determined, the rent increase can be a reasonable estimate of the cost. This should be based on the information provided by the tenant about the energy efficiency and intended usage of the air conditioner.
These rules about rent increases for air conditioners must be followed even if the tenancy agreement has different terms about these types of charges. However, the landlord cannot increase the rent charged to a tenant if the tenancy agreement states the tenant can install a window or portable air conditioner without a rent increase.
If a tenant’s rent was increased to cover the cost of operating an air conditioner, the landlord must lower the rent by the same amount when:
The increased amount may not be applied to months where the air conditioner is removed or no longer in use. The tenant is responsible to notify the landlord in writing of any changes in their use of the air conditioner.
If a tenant believes that they have paid too much rent to their landlord because a seasonal rent increase for the air conditioner is too high, or the rent was not reduced once the tenant stopped using the air conditioner, the tenant may file a Tenant Application for a Rebate of the Money the Landlord Owes (Form T1) at the LTB.
If a tenant believes that their landlord has refused to allow them to install or use an air conditioner even though the tenant has complied with all the conditions described above, the tenant may file an Application About Tenant Rights (Form T2) at the LTB.
If a landlord believes their tenant has not paid the seasonal charge for an air conditioner, the landlord can follow the usual process for collecting arrears of rent.