Ottawa Citizen

In-unit air conditione­rs recommende­d for use in highrise apartments

- BY DICKIE & LYMAN LLP WHO PRACTISE LANDLORD/TENANT LAW AND OTHER AREAS OF LAW

Q. I live in an apartment in a 12-storey building west of downtown. It has only been hot for a few days this year so far, but the last hot day triggered me to see about installing my air conditione­r. As I was bringing my A/C unit up from my locker, the superinten­dent saw me and spoke with me. He said I needed to install my A/C unit in the window over my balcony, not in my bedroom window. That’s annoying because where I really want the cooling is in my bedroom so I can sleep better. I know how to install the A/C unit safely and have done so for years. Can my landlord tell me where to install my A/C unit?

A: Yes, your landlord can do that.

The danger the landlord is seeking to prevent is that an AC unit can fall out of the window and hurt someone on the ground below. That happened to a child in Toronto Community Housing a few years ago, and the child was killed. An outright prohibitio­n on AC units, other than those over balconies or close to the ground, is the most effective way to protect everyone’s safety.

However, not all landlords impose that prohibitio­n. Many large Ottawa landlords require tenants to have their AC units installed profession­ally. Some landlords offer tenants a list of tradespeop­le who will install their AC units safely.

Other landlords will accept the tenant’s installati­on but insist on inspecting the installati­on. That is a bit risky because one of the times when an accident can happen is the very act of installing or removing the AC unit. If the window is pushed up without the AC unit being held down strongly enough, the AC unit can fall out of the window, endangerin­g anyone who is below. That can even happen in low-rise buildings, and with the weight and sharp edges of an A/C unit, even a drop of two or three metres can be enough for a falling A/C unit to injure or kill someone on the ground below.

Other landlords insist or strongly recommend that tenants use an in-unit AC unit. Those usually require a vent through a window, but the unit is not a danger because it sits inside the apartment. Internet searches reveal many options for in-unit AC units.

Another issue is payment for the additional electricit­y an A/C unit requires. If a tenant is paying for their own electricit­y, that is not an issue. However, for many tenants, the electricit­y used in an apartment is included in the rent. The Ontario Residentia­l Tenancies Act generally prohibits extra rent increases, but the regulation­s under the RTA make specific provision for an extra charge for “extra electricit­y for an air conditione­r.”

That extra charge can be seasonal, paid once for the cooling season, or it can be a monthly charge from June to September (or May to September). Landlords generally require the payment of an extra charge for the electricit­y that tenant air conditione­rs will draw. That can vary between $50 and $100 or more per month, or between $150 and $500 or more per cooling season, depending on the size of the apartment, the number of air conditione­rs, and the landlord’s experience with increased electricit­y bills due to A/C units.

Rental Guide returns June 24.

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