Paying Rent Into Board

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

Answer:In Ontario, a tenant generally acts unlawfully by withholding due rent to pressure a landlord to complete repairs; instead, Ajodhia Legal Services can help you file a Tenant Application About Maintenance (Form T6) and ask the Landlord Tenant Board to authorize rent to be paid into the Board while the maintenance dispute is resolved.  The Residential Tenancies Act, 2006 does not permit rent withholding to compel a landlord’s performance, and the Board can order a tenant to pay rent into the Board in appropriate cases.  If you’re facing a disrepair issue or rent arrears risk, call (647) 882-8205 to discuss your options with a paralegal serving tenants across Ontario.

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Is a Tenant Allowed to Hold Rent Back From a Landlord Until Maintenance or Repair Issues Are Addressed 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.

Note: Please contact Ajodhia Legal Services by phone at: (647) 882-8205 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 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.