Legal Liabilities of Ignoring Commercial HVAC Emergencies in Toronto

HVAC emergency in Toronto? Negligence can lead to legal action. Be proactive.

In today’s litigious business environment, an ignored or delayed commercial HVAC service call can quickly become a legal liability. Property managers who don’t handle a commercial HVAC emergency in Toronto promptly and properly risk opening themselves up to lawsuits, penalties and damage to their reputation.

Here’s a breakdown of the legal issues you need to know.

1. Lease Violations

Tenants have the right to “essential services” including heating, cooling, and ventilation. Failure to act quickly on a commercial HVAC breakdown can be considered a breach of lease.

Tenants can sue the landlord for losses, withhold rent, terminate a lease, and more.

A commercial HVAC emergency is a service delivery problem, not just an inconvenience.

2. Health & Safety Risks from Commercial HVAC Emergencies in Toronto

HVAC breakdowns can also result in health and safety code violations:

Impaired air quality can create an unsafe environment due to CO poisoning, mold, or airborne allergens. Extreme temperatures, either hot or cold, can also be a safety violation.

Employees working for a tenant are not prevented from filing their own workplace safety complaints or WSIB claims.

The moment a tenant or an employee files a complaint, the ministry may come in to conduct a compliance investigation, which can result in fines.

3. Tenant Losses

The tenant may claim damages from the building owner or property manager as a result of a HVAC failure.

Examples of these claims can be loss of profits, spoiled inventory, and loss of business. These are not frivolous claims and are common in lease disputes.

For this reason, one should never ignore HVAC breakdowns.

4. Insurance Issues

Insurance companies want landlords to take all reasonable precautions and to mitigate any damage in a crisis. If an insurer finds that a property manager or building owner ignored an HVAC emergency and didn’t take reasonable steps to protect the building, the coverage for the losses can be denied.

That not only means paying for damages out of pocket, but higher insurance premiums as well.

5. Reputation

In addition to lawsuits and financial liabilities, ignoring a commercial HVAC breakdown or emergency can damage your reputation. Tenants won’t renew their lease.

In Toronto, word gets around. If a building gains a reputation for being poorly managed and having slow or unresponsive service, it’s going to have a hard time attracting and retaining new tenants. And the long-term value of the property will suffer.

The Bottom Line

The best way to avoid these and other HVAC emergency liabilities is with a proactive maintenance program, a rapid response emergency team, and complete documentation.

HVAC emergencies are now far more likely to result in legal action or financial penalties than they used to be.

At Burban Air Systems Ltd., we take great care to protect our clients from these hidden liabilities by offering only fast, compliant and professional HVAC service across the GTA.

Call or to speak with our expert commercial HVAC team today.