Paying Rent Into Board

Question:Can a tenant legally withhold rent in Ontario to pressure a landlord to fix maintenance issues?

Answer:In Ontario, a tenant generally cannot lawfully withhold rent to pressure a landlord to make repairs, because withholding due rent is improper even if there are maintenance problems,  instead, file a Tenant Application About Maintenance (Form T6) with the Landlord and Tenant Board and consider a request to have the rent paid into the Board rather than to the landlord,  this process is supported by Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 195(1)(b) and reflected in decisions such as Haran v. Westover, 2021 CanLII 101368,  if you want to handle a maintenance dispute correctly and protect your tenancy, Olson Craig Legal (lawyer & paralegals) can review your situation and next steps, call (226) 886-2001.

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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?

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 Olson Craig Legal by phone at: (226) 886-2001 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

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 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.