Paying Rent Into Board

Question: Can a tenant in Ontario withhold rent if there are maintenance or repair problems?

Answer: In Ontario, a tenant generally can’t legally withhold or hold back rent just to pressure a landlord to fix maintenance or repair issues; instead, disputes should be handled through the Landlord and Tenant Board by filing a tenant application about maintenance (Form T6) and requesting permission to pay rent to the Board. Residential Tenancies Act, 2006, S.O. 2006, c. 17 at s. 195(1)(b) (rent may be permitted to be paid into the Board).   If you’re dealing with ongoing repairs, Ranger Paralegal Service can help you choose the right T6 steps so your rent position stays compliant while the Board addresses the maintenance issue; call (905) 240-7529 to get started.

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Can a Tenant Legally Withhold Rent As Means to Urge Repairs or Maintenance By a Landlord?

A Tenant Is Forbidden From Holding Back Rent Despite a Dispute Over Maintenance or Repairs With the Landlord. Instead, a Tenant May Apply to the Landlord Tenant Board For Permission to Make Rent Payments to the Landlord Tenant Board.

Note: Please contact Ranger Paralegal Service by phone at: (905) 240-7529 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 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 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

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.