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 a Tenant Allowed to Hold Rent Back From a Landlord Until Maintenance or Repair Issues Are Addressed By the Landlord?

It Is Unlawful and Improper For a Tenant to Withhold Rent From a Landlord. Instead, a Tenant May Apply to the Landlord Tenant Board to Pay Rent to the Landlord Tenant Board.

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 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.