Paying Rent Into Board

Question:Can a tenant legally hold back rent until maintenance or repairs are fixed by the landlord in Ontario?

Answer:In Ontario, a tenant generally cannot withhold rent to pressure a landlord to complete maintenance or repairs, even if the tenant believes the unit is in disrepair; instead, the lawful route is to apply to the Landlord and Tenant Board using a Tenant Application About Maintenance (Form T6) and then request that rent be paid into the Board rather than to the landlord (Residential Tenancies Act, 2006, S.O. 2006, c.17, section 195(1)(b)); this approach is designed to address maintenance issues through the proper process without risking rent arrears, applications, or other consequences for non-payment.   If you need help preparing a T6 and related rent-payment request, paralegal and notary support from VP Legal Services & Notary can guide you through the Landlord and Tenant Board steps across Ontario, call (437) 286-1499.

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

A Tenant Is Forbidden From Holding Back Rent Despite a Dispute Over Maintenance or Repairs With the Landlord. Instead, a Tenant May Apply to the Landlord Tenant Board For Permission to Make Rent Payments to the Landlord Tenant Board.

Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 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

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 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.