Landlord and Tenant Issues

What can you do if your landlord cuts off heat, water or electricity?

Last updated October 7, 2026.

In Ontario, a landlord must not withhold or deliberately interfere with the supply of hot or cold water, fuel, electricity, gas or, from September 1 to June 15, heat, when the lease makes the landlord responsible for it (Residential Tenancies Act, 2006, s. 21). A tenant can apply to the Landlord and Tenant Board on a T2 for orders, money and an administrative fine. In Hamilton, the City can also step in under its Vital Services By-law.

A loss of heat or power is an emergency, not a routine repair, and there are fast options at both the provincial and the City level. This guide sets out both, plus what landlords need to know before they shut anything off. For the broader picture, see our page on landlord and tenant disputes in Ontario.

What counts as a vital service?

Section 2(1) of the Residential Tenancies Act, 2006 defines a vital service as hot or cold water, fuel, electricity, gas or, during the part of each year set by regulation, heat. Section 4 of O. Reg. 516/06 sets that part of the year as September 1 to June 15, and says heat must keep the room temperature at 20 degrees Celsius or more, measured 1.5 metres above the floor and one metre from exterior walls, in all living space and in areas such as laundry and recreation rooms. That temperature rule does not apply to a unit where the tenant controls the temperature and the main heat source can maintain 20 degrees.

Air conditioning is not on the list. Ontario's 2026 changes added separate rules on tenants installing window or portable air conditioners, but a broken air conditioner is a maintenance question, not a vital service question.

What should you do, step by step, when a service is cut off?

1. Find out why. Check whether the shut-off is building-wide, whether the utility left a notice, and whether the account is in your name or the landlord's. Your lease should say who pays each utility.
2. Contact the landlord in writing right away. Ask them to restore the service and say when. Keep a copy of every message and reply.
3. Record the conditions. Take dated photos of a thermometer placed at about 1.5 metres high, of taps with no hot water, or of the electrical panel. Keep a daily log.
4. In Hamilton, contact the City. The City's rental property by-laws page explains that when a landlord who is responsible for a utility fails to pay, the City may pay the bills so the utility can be temporarily turned back on. Tenants can register a by-law complaint with Municipal Law Enforcement.
5. File a T2 with the Board. Withholding or interfering with a vital service is a ground for a tenant application under paragraph 2 of section 29(1). The filing fee is $53, or $48 through the Tribunals Ontario Portal. The LTB says it schedules some T2 matters, such as illegal lockouts and other high-priority requests, as urgent, so explain clearly why yours cannot wait.
6. Keep paying rent unless the City directs otherwise. If the City arranges the service, a City official can direct you to pay rent to the City instead (s. 221(1)). Rent paid that way is not a default (s. 221(2)).
7. Prepare for the hearing. Give your evidence to the landlord and the Board at least 7 days before the hearing (LTB Rule 19.1). A dispute resolution officer may offer mediation; our guide on whether to agree to mediation at the Board explains what a settlement means.

The two sets of rules work side by side. The Board applies the Act's definition when it decides your T2, while the City enforces its own by-laws. In practice, a Hamilton tenant with no heat in early September or late May may rely on the provincial season at the Board even though the City's heat period has not started or has ended.

What can the Board order?

If the Board finds that the landlord, a superintendent or an agent withheld or interfered with a vital service, section 31(1) lets it order that they stop, pay you for damaged property and reasonable out-of-pocket expenses, give a rent abatement, pay the Board an administrative fine of up to the greater of $10,000 and the Small Claims Court limit, end the tenancy, or make any other appropriate order. The Small Claims Court limit is now $50,000. If the conduct pushed you to move out, the Board can also order the landlord to pay your increased rent for up to one year and your reasonable moving and storage costs (s. 31(2)).

Withholding a vital service is also an offence when done knowingly (s. 233(a)). Under section 238, the maximum fine on conviction is $100,000 for an individual and $500,000 for a corporation. The LTB's July 2026 update notes that the Rental Housing Enforcement Unit investigates offences under the Act and can prosecute in the Ontario Court of Justice.

What changes the answer?

• Who is responsible for the utility. Section 21 covers services the landlord must supply under the tenancy agreement. If your lease puts hydro or gas in your name and you stop paying, a disconnection by the utility is not the landlord withholding a service. Hamilton's by-law also does not apply where the tenant expressly agreed to obtain and maintain the service (RTA s. 216(2); By-law 23-161, s. 4).
• Whether the shut-off is for repairs. Hamilton's by-law allows a shut-off only when necessary to safely make repairs, and only for the minimum time (s. 12). A short planned outage with proper notice is different from a deliberate cut-off.
• Whether the landlord stopped paying the supplier. The Act deems that to be withholding (s. 21(2)), and suppliers must give the City 30 days' written notice before cutting off a vital service for a landlord's breach of contract (RTA s. 217; By-law 23-161, s. 19).
• Whether an eviction is under way. The duty lasts until the day an eviction order is actually enforced (s. 21(1)). A landlord who has served a notice, or even won an order, cannot cut services to speed things up. Our guide on how long an eviction takes in Ontario walks through each step between a notice and enforcement by the Sheriff.
• Timing of your application. A T2 must be filed within one year of the conduct (s. 29(2)).
• Whether the real issue is ongoing disrepair. A furnace that keeps failing because it is worn out may be better framed as a maintenance problem; see how a T6 maintenance application works. The two applications rest on different paragraphs of section 29(1), so a tenant facing both problems can file both.

For example, what might a heat cut-off case look like?

For example, imagine a Hamilton tenant named Malik who rents the main floor of a house. His lease says heat is included. In November, after he disputes a rent increase, the furnace stops and the landlord says a technician is "booked." A week passes. Malik's thermometer, placed at chest height away from the window, reads 15 degrees each evening, and he photographs it daily. He emails the landlord twice and then calls the City, which opens a by-law file.

Malik buys two space heaters for $140 and his hydro bill rises. He files a T2 through the portal, describing the dates, the temperatures and the landlord's messages, and asks for an order that heat be restored, an abatement, his heater and extra hydro costs, and an administrative fine. If the evidence showed the landlord deliberately left the furnace off after the rent dispute, the Board could consider the full range in section 31, and the timing could also matter if the landlord later applied to evict him (s. 83(3)(c)). Whether a fine is ordered, and in what amount, is up to the member. This example is hypothetical.

What mistakes do tenants and landlords make?

• Tenants stopping rent. Rent you hold back is unpaid rent unless the City has directed you to pay it to the City. Withholding it gives the landlord grounds for an N4.
• No temperature evidence. A statement that it was "freezing" is weaker than daily photos of a thermometer placed the way the regulation describes.
• Using space heaters unsafely. The City's page links fire safety tips for tenants heating or cooking without gas or power. Follow them and keep receipts.
• Landlords cutting service to force a move. This can lead to a fine from the Board, compensation if the tenant leaves, and prosecution. It also undermines any later eviction application.
• Landlords shutting off without notice. Even a necessary repair in Hamilton needs written notice at least 24 hours ahead, or as soon as practicable, stating the reason and the expected restoration time (By-law 23-161, s. 11).
• Waiting for the landlord to fix it before filing. Restored service does not erase what happened. You have one year to apply for the period without it.

What to do this week

1. Send the landlord a dated written request to restore the service.
2. Photograph a thermometer twice a day, or record the lack of water or power, and keep a log.
3. Read your lease to confirm who pays each utility.
4. In Hamilton, register a tenant by-law complaint with the City if the service is not restored quickly.
5. File a T2 with the Landlord and Tenant Board and explain why it is urgent.
6. Keep receipts for heaters, extra hydro, meals out or a hotel night.
7. Keep paying rent as usual unless the City directs you to pay it to the City.

Frequently asked questions

Can my landlord turn off the heat because I owe rent?

No. Section 21 applies throughout your occupancy and until the day an eviction order is enforced, whatever the reason for the dispute. The landlord's remedy for unpaid rent is an N4 notice and an application to the Board, not a shut-off.

Is a cold apartment always a vital service breach?

Not always. From September 1 to June 15, the regulation requires at least 20 degrees in living areas, measured in a set way. A unit that falls below that because of a deliberate act or an unpaid bill points to section 21; one that falls below it because the heating system is failing may also be a repair issue under section 20.

What if the utility is in my name but the landlord's work caused the outage?

If the landlord deliberately interferes with your supply, for example by disconnecting equipment, section 21(1) can still apply. Keep evidence of what the landlord or their workers did and when.

Does the City charge the landlord when it restores a service?

Yes. Under section 219 of the Act and Hamilton's by-law, the amount the City spends plus an administrative fee of 10 percent can become a lien on the property. The City can also collect rent from tenants to recover it, and must account to the landlord for any surplus (s. 222).

Can I recover my moving costs if I had to leave?

If the Board finds that the landlord's conduct induced you to move out, it can order the landlord to pay increased rent for up to one year and reasonable moving and storage costs (s. 31(2)). If your landlord also gave you a notice to end the tenancy in bad faith, read about bad faith evictions and the T5 application.

Is a cut-off a form of harassment?

It can be part of a wider pattern. Harassment, interference with reasonable enjoyment and lock changes are separate grounds in section 29(1), and our guide to harassment and interference applications explains each of those grounds.

Where is a Hamilton T2 heard?

The LTB may hold hearings by video, in writing or in person (Rule 7.1). For local details, see our page on Landlord and Tenant Board cases for Hamilton rentals. Carson Frankum, a licensed paralegal in Hamilton, can prepare and present a T2 at the Board.

For a wider look at what landlords must provide, see landlord responsibilities under Ontario's rental laws.

Sources

• Residential Tenancies Act, 2006, ss. 2, 21, 29, 31, 83, 216 to 222, 233 and 238 (Ontario e-Laws, consolidated from September 21, 2026)
• O. Reg. 516/06, General, s. 4: heat as a vital service (Ontario e-Laws)
• O. Reg. 517/06, Maintenance Standards, s. 15 (Ontario e-Laws)
• LTB Rules of Procedure, updated September 21, 2026 (Tribunals Ontario)
• LTB forms, filing and fees (Tribunals Ontario)
• LTB operational update: legislative changes effective July 1, 2026 (Tribunals Ontario)
• City of Hamilton Vital Services By-law No. 23-161 (City of Hamilton)
• Rental property by-laws, including the Heat By-law No. 04-091 (City of Hamilton)
• Register a tenant by-law complaint (City of Hamilton)

Facing a landlord-tenant issue? Contact us today for assistance.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.