The question of heating in the dwelling

The Tribunal administratif du logement states that in the cold season, the temperature of the dwelling must be at least 21 degrees Celsius, in the center of a room, at a height of one meter from the floor.

The landlord must ensure that the heating system is functional at all times of the year. The landlord cannot include a clause indicating a start date for heating. Similarly, when the tenant controls the heating system, he or she must ensure that the temperature is maintained adequately even when he or she is away from his or her dwelling. This avoids serious damage such as broken pipes during freezing periods; it also avoids being sued by the landlord. CORPIQ offers such a clause in its building regulations, which are offered to its members. This clause stipulates that the occupants are expected to keep their dwelling at a minimum temperature of 18 degrees.

If a breakdown, or any form of malfunction of the heating system occurs, the landlord is required to remedy the situation promptly. If a tenant is inconvenienced beyond a reasonable period, there may be prejudice which the tenant will use to seek compensation from the Tribunal administratif du logement (TAL). If the heating problem cannot be quickly repaired, the landlord must provide a backup heating system. Please note that 24 hours without heat is considered unreasonable according to the TAL.

A tenant can also have a heating system repaired (or the oil tank refilled) if the landlord does not act quickly enough even after being notified of the problem. Since this is an emergency repair that is necessary for the tenant's enjoyment of the dwelling, the tenant will be reimbursed by the landlord when he or she presents the case to the TAL.

Is your building heated by oil? Make sure your supply and annual maintenance have been done. CORPIQ members can take advantage of interesting discounts offered by its partners.