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REMINDER – Start-up of the central heating system

REMINDER – Start-up of the  central heating system

Many owners are unsure when they should turn on their building's central heating system. In Quebec, there is no precise date for turning on the heating system, but there is a minimum temperature that must be maintained. Indeed, a City of Montréal bylaw obliges the owner to maintain a minimum temperature of 21 degrees Celsius. The Rental Board follows this rule in its jurisprudence and applies it throughout Quebec. By using common sense, your own residence as a guage or a call from the tenant, you are able to determine the moment to turn on the system to respect the 21°C rule. According to this rule, this temperature must be maintained until the outside temperature drops to minus twenty-three degrees Celsius (-23°C). At this temperature and lower, there is no minimum to maintain. Below this temperature, the  obligation is to furnish best possible heat the system can provide taking into account the outside temperature and the capacity of the system.

 

Delaying the system start-up too long could cost you a fine or a complaint by the tenant to the Rental Board, the cost of which to you could negate the energy cost savings you were trying for .

 

The Rental Board can intervene following a request from a tenant and possibly order a reduction in the rent because of the lack of heating.

 

On the tenant's part, they shouldn't overuse the heating system or leave the windows open over a long period of time while heating the dwelling. You can warn the tenant in these situations and even institute proceedings to put a stop to this, or even to cancel the lease. A regular visit of the dwelling will help you to determine if there is overconsumption, or quite simply to detect any problems.

 

A clause in the lease specifying a fixed date to start-up the heating system is without effect since it is contrary to an obligatory rule of the Civil Code of Quebec which obliges the owner to maintain the dwelling in a proper state of habitability for the whole duration of the lease.

 

In all circumstances, and in order to avaoid nasty surprises, don't neglect a problem situations regarding heating

 

When autumn arrives, the cold nights should tell you that the start-up of the heating system and its maintenance are not far away.

 

About the author

Me Jean-Olivier Reed, avocat

Me Jean-Olivier Reed graduated from Collège l'Assomption in legal technology in 1997 and then from the University of Montreal in law in 2001. Member of the bar since 2004, he was a lawyer and building manager from 2004 to 2006.

Lawyer with Messier Soucy lawyers since 2006. He works in real estate law and more particularly in rental law and co-ownership law.

He has written several articles in the newspaper "Le Propriétaire" on various topics dealing with rental law.
He lectures to members of the Quebec Landlords Association on current topics in rental law.

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