Paying Rent Into Board

Question: Is it legal in Ontario for a tenant to withhold rent until the landlord completes required maintenance or repairs?

Answer: In Ontario, a tenant who withholds rent to pressure a landlord to complete repairs generally acts improperly, because the Residential Tenancies Act, 2006 does not allow rent withholding as a way to compel repairs.   Instead, if there are maintenance or repair issues, the tenant should file a Tenant Application About Maintenance (Form T6) with the Landlord and Tenant Board and request permission to pay some or all rent into the Board while the dispute is decided, which is permitted under Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, s.195(1)(b).   Courts and the Landlord and Tenant Board have also indicated there is no justification for withholding rent simply because maintenance issues remain (for example, Haran v. Westover, 2021 CanLII 101368; O.C. v. J.M., 2018 CanLII 86120; and D.P.J. v. A.C., 2011 CanLII 26905).   If you want help preparing the right T6 steps and next request, Caruso Legal Services (a paralegal service in Ontario) can assist, call (289) 271-0488.

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

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 has issues with the state of repair of the rental unit, the tenant should refrain from withholding rent from the landlord. Instead, the tenant should initiate proceedings at the Landlord Tenant Board and apply to pay the rent to the Landlord Tenant Board as a proper means to motivate the landlord to address the repair issues as complained of by 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:

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.