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Air-conditioners : How to manage makeshift installations

Air-conditioners : How to manage makeshift installations

With global warming the use of air-conditioners is likely to become soon the standard and even a necessary one just like the heating system in winter.

But very often the tenants act as fitters themselves and put together an often approximate installation which is not very aesthetic or functional with the risk of damaging your building.

Initially, the landlord should, at the beginning, consider stipulating in the lease if the installation of an air-conditioner is allowed or not. Stipulating nothing accentuates ambiguity. Indeed, as long as the tenant does not make a hole or does not modify the housing, nothing in the lease or the law prohibits the installation of an air-conditioner in the window contrary to a permanent mural air-conditioner which necessarily implies making holes in the walls, and that is forbidden without your assent.

Therefore, if your tenant installs an air-conditioner in the window without your knowledge, before making the decision to wage war against him to prohibit this to him and have him lose a certain quality of life, we suggest that you make the few following verifications to assure yourself of the conformity of his installation:

1) Be sure that the air-conditioner is solidly installed to prevent it from falling on the passers-by or from damaging the building; 2) Check if the water run-off is carried out correctly towards the outside and that it does not infiltrate in the framings or in the internal or external lining. 3) Verify the level of noise of the appliance so that the other tenants are not disturbed by it. 4) Check with your municipality if it is possible to install an air-conditioner in the wall and finally 5) Verify if the electric system is able to support the energy needs of the air-conditioner of the tenant.

If one of the conditions is not fulfilled you should tell the tenant that he will have to modify his installation or use another air-conditioner altogether in the case that the air-conditioner would be too noisy, or when his appliance would be defective, that the installation is prohibited by the municipality or that the electric system cannot support it.

Offer your assistance to him to make sure that the installation is in conformity or suggest a professional to him for the installation. The installation by a professional can even be one of the conditions of the lease for the use of this type of appliance.

You can also stipulate in the lease which type of material can be used to block the remainder of the window (custom-made “plexiglass” for instance). That will avoid ugly installations in wooden boards or other not very aesthetic materials.

Remember that is not up to you to adapt your installations to the appliances of the tenant but just the opposite.

If the tenant refuses to cooperate and if the problem(s) persist, then it will be completely justified to ask him to withdraw his air-conditioner. Send him a written notice giving him time to remove it and continue your steps at the Rental Board should the tenant be stubborn.

If it is well-installed there is no reason why the tenant should not improve his quality of life during the hot summer days by using an air-conditioner.

For the good of your building and your tenants, this verification should be made every year.

Enjoy the summer season!

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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