Paying Rent Into Board

Question:If I am a tenant in Ontario with repair or maintenance issues, can I withhold rent until my landlord fixes the problem?

Answer:Vagans Legal can help you avoid costly missteps, because in Ontario a tenant generally cannot withhold rent to pressure a landlord to complete repairs; instead, file a Tenant Application about Maintenance (Form T6) and request that rent be paid into the Landlord Tenant Board while the dispute is addressed, which is the lawful pathway the Landlord Tenant Board considers under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 195(1)(b).   Courts and the Landlord Tenant Board have also held there is no legal justification to withhold rent as leverage for maintenance, and the proper remedy is through the T6 process rather than nonpayment (see Haran v. Westover, 2021 CanLII 101368).   For paralegal guidance on your specific facts and the right filing steps across Ontario, call (416) 473-8472.

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 Vagans Legal by phone at: (416) 473-8472 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

A tenant that withholds rent as a means to urge the landlord to make repairs or otherwise remedy perceived maintenance concerns does so improperly and unlawfully.  Instead of withholding rent, upon submitting a Tenant Application About Maintenance (Form T6) to the Landlord Tenant Board, the tenant may apply to the Landlord Tenant Board to submit rent payments to the Landlord Tenant Board rather than the landlord.

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

As shown by the above cases, among many others, a tenant is without a right to withhold rent regardless of concerns for failure of maintenance by a landlord.  With this said, rather than improperly withholding rent from the landlord, when a tenant files a Tenant Application About Maintenance (Form T6), a tenant may apply to provide rent payments to the Landlord Tenant Board.  A tenant may apply to pay rent into the Landlord Tenant Board as per section 195(1)(b) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, which states:

To apply to provide rent payments to the Landlord Tenant Board, a tenant must first file the Tenant Application About Maintenance (Form T6) and then a tenant may file the Request to Pay Rent to the Board on a Tenant Application About Maintenance.

Summary Comment

Instead of withholding rent in an effort to pressure a landlord into addressing maintenance issues, a tenant with a legal dispute should apply to the Landlord Tenant Board to remit rent as due into the Landlord Tenant Board rather than to the landlord.