Paying Rent Into Board

Question: Is it legal for a tenant in Ontario to withhold rent until the landlord completes maintenance or repairs, and who can help me with the Landlord Tenant Board process?

Answer: In Ontario, it is generally unlawful for a tenant to withhold rent to pressure a landlord to complete repairs, even when you believe the unit is in disrepair, because you are still required to pay rent as it becomes due; instead, you can file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and ask the Board to permit rent payments to be paid into the Board, as allowed by Residential Tenancies Act, 2006, S.O. 2006, c.17, s.195(1)(b), and the Landlord Tenant Board has noted there is no authority to withhold rent to compel performance in cases such as Haran v. Westover, 2021 CanLII 101368; a Paralegal at Gutoski Legal Services can help you understand the right next steps, prepare your T6 and rent-to-the-Board request, and reduce the risk of consequences for non-payment across Ontario by guiding you through the proper dispute process. Call (289) 902-0227 to get started with Gutoski Legal Services.

Is It Legal For a Tenant to Withhold Payment of Rent Until Maintenance or Repair Issues Are Completed By the Landlord?

A Tenant That Withholds Rent From a Landlord Does so Unlawfully. If a Tenant Has Unaddressed Maintenance Complaints, Then the Tenant Should Apply to Pay the Rent As Due Into the Landlord Tenant Board.

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

If a tenant is concerned about maintenance performance issues, the tenant may initiate legal action by filing an Application with the Landlord Tenant Board and applying to pay rent to the Landlord Tenant Board instead of to the landlord. When rent is paid into the Landlord Tenant Board, the rent is held back from the landlord until the dispute with the tenant is resolved.

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 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 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:

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.