Paying Rent Into Board

Question: Can a tenant legally withhold rent in Ontario until a landlord finishes maintenance or repair work, and what should they do instead?

Answer: In Ontario, it is generally not legal or proper for a tenant to withhold rent to pressure a landlord to complete maintenance or repairs, but you can take a safer route by filing a Tenant Application About Maintenance (Form T6) with the Landlord and Tenant Board and asking to have rent paid to the Board rather than directly to the landlord, including by using the process described in section 195(1)(b) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17; courts and Landlord and Tenant Board decisions have repeatedly noted there is no legal justification for withholding rent to compel specific performance, so avoiding rent non-payment can protect you from arrears and related consequences while your maintenance claim moves forward.  A lawyer & paralegal at Olson Craig Legal can help you evaluate your situation, prepare the right Landlord and Tenant Board steps, and keep your rent handling aligned with Ontario rules, call (226) 886-2001 for assistance.

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

A Tenant Acts Unlawfully By Withholding Rent From Landlord In An Attempt to Spur the Landlord Into Addressing Maintenance Issues. Instead, the Tenant May Apply to Landlord Tenant Board to Remit Due Rent to Board While Awaiting Resolution of the Dispute.

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 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:

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.