Landlord not responsible for resolving tenants’ power outage caused by tornado
Q: Ia ma landlord with a small four-unit income property in Ottawa. In the aftermath of the devastating tornado a couple of weeks ago, my tenants lost power for a couple of days, as did I, living a few blocks away. What are my responsibilities as a landlord? Would anything be different if the weather was colder; for example, if a power outage occurred in the middle of winter such as during the ice storm?
A: Your being without power yourself has nothing to do with your legal obligations as a landlord, although it probably gives you some empathy for your tenants’ situation.
When a landlord rents a property with the agreement that hydro is not included in the rent, it should be clear to all reasonable people that the landlord has no obligation to take action when the power company cannot deliver power. But even if hydro is included in the rent, a landlord is not responsible for power outages. By law, a landlord cannot withhold the reasonable supply of hydro or deliberately interfere with the reasonable supply of hydro, but the inability of the utility to deliver power is not withholding or deliberately interfering with the reasonable supply of hydro by the landlord.
In a case of a power failure in the rental unit due to the landlord’s fault, the landlord would be responsible to correct the fault and compensate the tenant for their losses. Examples of a fault might be a failure of the breaker panel when the landlord knew the breaker panel was at serious risk of failing, or where the landlord fails to pay their hydro bill. With colder weather, the tenants’ losses could well be higher, especially if the lack of power also means a loss of heating.
Where the loss of power is not the landlord’s fault, the landlord’s obligation is to repair the problem in a reasonable time. For instance, if the main electrical panel breaks without warning, the landlord must promptly take steps to repair or replace it. The determination of what constitutes a “reasonable time” will depend on various circumstances. For instance, if an electrical panel breaks over the winter in an electrically heated building, a landlord should act faster to restore service, potentially agreeing to pay overtime rates to contractors.
Turning back to the situation at hand, if Hydro Ottawa is not able to deliver power because of a natural disaster, that is obviously completely out of the control of the landlord. The landlord would not be responsible to pay for lost food or for a move into a motel.
If possible, a landlord should try to help tenants cope with loss of power, just as neighbours should offer to help each other. Offering to provide closed lamps and candles, or knocking on doors to make sure everyone is doing OK, can go a long way to foster good relationships. Various public or other bodies made other mitigation available, such as gyms welcoming affected non-members to shower or to charge their mobile devices.
Landlords are not responsible unless they have fallen down on the job, but tenants can insure against natural disasters or other problems. Just as a homeowner is foolish not to carry insurance on their belongings or to pay for alternate accommodation if their home becomes uninhabitable, so is a tenant.