Who is responsible for frozen pipes in an Ontario rental?

The landlord carries the duty to prevent it. Section 20 of the Residential Tenancies Act makes the landlord responsible for keeping the unit in a good state of repair. In Toronto, the property standards by-law requires plumbing to be protected from freezing, and where the landlord supplies the heat, the unit has to be kept at 21 degrees Celsius or more from October 1 to May 15. The exception is damage the tenant causes wilfully or negligently, which section 34 puts on the tenant.

Reviewed 2026-10-03

The rules in Toronto

Every plumbing system is kept in good working order, free from leaks or defects and protected from freezing (Chapter 629, section 629-37).
Every dwelling unit has a heating system capable of 21 degrees Celsius at 1.5 metres above the floor in all habitable rooms, bathrooms and toilet rooms (629-38).
Where the heat is provided at the owner's expense, at least 21 degrees Celsius, measured 1.5 metres above the floor, in all areas of the unit from October 1 to May 15 (Chapter 497, Indoor Temperature Standards, section 497-2.1 A, By-law 1511-2025, in force June 1, 2026).
Province wide, heat is a vital service from September 1 to June 15, at 20 degrees Celsius or more in habitable space (O. Reg. 516/06, section 4).

When the tenant pays

Section 34 makes the tenant responsible for undue damage caused by the wilful or negligent conduct of the tenant, another occupant or someone they let in. Whether a tenant who switched the heat off or left a window open in January was negligent is a question of fact. Photos of the thermostat, the window and the pipe, taken the day it happened, are what the Board will look at.

Vacant units

In an empty unit, no one notices a cold room or reports a leak. The plumbing rule applies with or without a tenant. Keep the heat on and check the unit on a schedule, or shut off and drain the water. Once a building has been vacant for 90 days, section 629-24 requires all utilities to be properly disconnected or otherwise secured.

When a pipe has frozen or burst

Shut off the water to the affected line. A burst pipe with water running is a case where waiting 24 hours for a notice puts the building at risk, and section 26 allows entry without written notice in an emergency. A frozen line with no leak still leaves the tenant without water, which section 2 lists as a vital service.

Record what was found: where the pipe froze, why it froze, and the damage to the unit and anything below it.

How Roundhouse handles it

Roundhouse books a licensed plumber, and the thaw, the repair and any damage found are photographed and kept on one record with the invoice. When the cause is a heating fault, the heating repair goes on the same record. See plumbing repairs, HVAC for Toronto rentals or request work.

Questions

Who pays for a burst pipe in a rental?

The landlord repairs it under section 20 of the Residential Tenancies Act. Where the tenant caused the damage wilfully or negligently, section 34 makes the tenant responsible, and the landlord can seek the cost at the Landlord and Tenant Board.

What temperature does a Toronto rental have to be kept at in winter?

At least 21 degrees Celsius, measured 1.5 metres above the floor, in all areas of the unit from October 1 to May 15, where the heat is provided at the property owner's expense, under Chapter 497, Indoor Temperature Standards, section 497-2.1 A (By-law 1511-2025, in force June 1, 2026).

Is a frozen pipe an emergency?

The Act does not define emergency. A unit with no water has lost a vital service, since section 2 lists hot or cold water as one, and a burst pipe with water running puts the building at risk while you wait for a notice.

Does a vacant building have to keep its water on?

Chapter 629 requires the owner of a building vacant for 90 days or more to make sure all utilities are properly disconnected or otherwise secured to prevent damage. Until then, the plumbing still has to be protected from freezing.

Sources

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