Paying Rent Into Board

Question:In Ontario, is it legal for a tenant to withhold rent until the landlord completes maintenance or repair issues?

Answer:In Ontario, a tenant generally acts unlawfully by withholding rent to pressure a landlord to complete repairs, even if the maintenance concerns are real; the more appropriate path is to file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and request that the Board allow rent to be paid into the Board instead of directly to the landlord, which helps protect the tenant’s position while the dispute is resolved.   Courts and the Landlord Tenant Board have noted the Residential Tenancies Act, 2006 does not give tenants authority to withhold rent to compel a landlord’s performance, and cases like Haran v. Westover, 2021 CanLII 101368 and O.C. v. J.M., 2018 CanLII 86120 explain there is no legal justification for withholding rent where maintenance issues remain.   If you want legal guidance on a repair-and-rent issue, Legacy Legal Services can help Ontario tenants and legal professionals map the right steps for a T6 and any rent-to-board request; call (226) 246-3825 to get started.

Add this website to Google Preferred Sources

Is a Tenant Allowed to Withhold Rent From a Landlord Until Maintenance or Repair Issues Are Addressed?

A Tenant Acts Unlawfully By Withholding Rent From Landlord In An Attempt to Spur the Landlord Into Addressing Maintenance Issues. Instead, the Tenant May Apply to Landlord Tenant Board to Remit Due Rent to Board While Awaiting Resolution of the Dispute.

Note: Please contact Legacy Legal Services by phone at: (226) 246-3825 to discuss any specific questions that you may have.

Understanding That Withholding Rent From a Landlord Requires Payment of Rent Into the Landlord Tenant Board

A tenant that is disgruntled about a perceived state of disrepair of a rental unit may prefer to withhold rent payments as a means to motivate the landlord to address the maintenance issues raised by the tenant; however, the withholding of due rent is unlawful, even during a maintenance dispute, and may result in consequences that adversely affect the tenant.

The Law

If a tenant withholds rent in an effort to manipulate a landlord into addressing maintenance issues, the tenant does so improperly and unlawfully.  Rather than wrongfully withholding rent, the tenant may lawfully submit a Tenant Application About Maintenance (Form T6) to the Landlord Tenant Board and the tenant may also apply to the Landlord Tenant Board to remit rent that becomes due to the Landlord Tenant Board instead of to the landlord.

The cases of Haran v Westover, 2021 CanLII 101368, O.C. v. J.M., 2018 CanLII 86120, D.P.J. v. A.C., 2011 CanLII 26905, among others, address the impropriety of the withholding of rent by a tenant.  Specifically, per Haran, O.C., and D.P.J., the Landlord Tenant Board said:

As per the cases above, among others, a tenant wrongfully withholds rent regardless of any failure to maintain allegations against the landlord.  However, when a tenant files a Tenant Application About Maintenance (Form T6) in complaint of failure to adequately maintain a rental unit, the tenant may also apply to remit rent that becomes due to the Landlord Tenant Board instead of the landlord.  This availability to apply to remit rent to the Landlord Tenant Board instead of the landlord is prescribed at section 195(1)(b) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, wherein it is stated:

The process of applying to remit rent into the Landlord Tenant Board instead of the landlord, a tenant must commence a proceeding via the Tenant Application About Maintenance (Form T6) process and thereafter a Request to Pay Rent to the Board on a Tenant Application About Maintenance.

Summary Comment

A tenant with a legal dispute over issues of maintenance is forbidden to withhold held as a means to urge the landlord to address the maintenance issues.  Instead, a tenant may apply to the Landlord Tenant Board to make rent payments to the Landlord Tenant Board.