Paying Rent Into Board

Question: Can a tenant in Ontario withhold rent from a landlord until maintenance or repair issues are fixed?

Answer: DefendCharges.ca™ can help tenants in Ontario understand that withholding rent to pressure a landlord to repair is generally unlawful, and the tenant may instead file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and request that rent be paid into the Board while the maintenance dispute is resolved.   Courts and the Landlord Tenant Board have said the Residential Tenancies Act, 2006 does not allow tenants to withhold rent to compel specific performance, including in Haran v. Westover, 2021 CanLII 101368; O.C. v. J.M., 2018 CanLII 86120; and D.P.J. v. A.C., 2011 CanLII 26905.   Under the Act, tenants can apply to have rent permitted to be paid into the Board, including under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 195(1)(b).   If you are dealing with unresolved maintenance, call (647) 559-3377 to discuss next steps and how to handle rent safely during the T6 process.

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Is It Legal For a Tenant to Withhold Payment of Rent Until Maintenance or Repair Issues Are Completed 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.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 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 with concerns or complaints about the state of repair of a rental unit acts improperly by withholding rent from the landlord. If the tenant wishes to motivate the landlord to address repair issues, then the tenant may initiate proceedings at the Landlord Tenant Board and apply to submit rent to the Landlord Tenant Board rather than the landlord.

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.