Entrepreneurship & Small Business

Who is responsible for fixing non-functioning heater?

  • Last Updated:
  • Nov 28th, 2018 2:37 pm
Tags:
[OP]
Newbie
Aug 22, 2016
33 posts
22 upvotes

Who is responsible for fixing non-functioning heater?

I am currently renting a two story single unit with a old fashioned heater unit on the roof of the building

After finding a professional and getting a quote ($500) to fix the unit. I took it to our landlord to see who is responsible for fixing the unit. His argument is that I'm the one who is using the unit and it stopped working when I while I was the tenant therefore I should fix it.

Just asking other's opinion since I'm not the owner of the unit, are these repairs my responsibility?
5 replies
Newbie
Oct 8, 2010
94 posts
15 upvotes
It depends on your lease agreement. Most times, it states that the landlord is responsible for the HVAC system. Sometimes I see clauses that you have to cover the first $50 and landlord covers the rest. Do you have to fix the roof too when it becomes a leak? Where does this landlord draw the line?
Deal Fanatic
User avatar
Mar 23, 2008
7974 posts
4717 upvotes
Edmonton
You don’t give a jurisdiction, and we don’t know what your lease says. Presumably, since you’re posting in the business forum, you’re not protected by a residential tenant lease, so the rules may be different than what you might wish.

C
Newbie
Oct 7, 2017
73 posts
242 upvotes
Hey there, it is absolutely landlords responsibility. It does not matter what the lease agreement says, even if it says your are responsible, no agreement/contract can supersede a law. And the law, at least in municipality of Toronto says that landlords are obligated to maintain minimum heating level of 21 Degrees Celsius between Sep 15 and Jun 1 of every year. If he/she does not want to fix the heater than you can reach to property standards department of your municipality. I hope that helps.
Deal Fanatic
User avatar
Mar 23, 2008
7974 posts
4717 upvotes
Edmonton
Pupsik27 wrote:
Nov 28th, 2018 12:44 pm
Hey there, it is absolutely landlords responsibility. It does not matter what the lease agreement says, even if it says your are responsible, no agreement/contract can supersede a law. And the law, at least in municipality of Toronto says that landlords are obligated to maintain minimum heating level of 21 Degrees Celsius between Sep 15 and Jun 1 of every year. If he/she does not want to fix the heater than you can reach to property standards department of your municipality. I hope that helps.
It might help more if this was a residential lease...
https://www.millerthomson.com/en/public ... under-the/
http://www.mah.gov.on.ca/Page4913.aspx
If something is broken and needs to be replaced, such as a furnace, is the landlord responsible for replacing it?
It depends on what the lease says. If the issue is not addressed in the lease, then the tenant is likely responsible, because landlords are generally only responsible for maintaining the structural elements of the building, including the roof and walls.
Without a jurisdiction and without seeing the lease agreement, the best answer is "Who knows?" But based on Ontario law, in the absence of a clause in the lease to prevent it, the tenant is responsible.

C

Top