Paying Rent Into Board

Question: Can a tenant in Ontario legally hold back rent from a landlord because the landlord has not completed maintenance or repairs?

Answer: In Ontario, a tenant generally is not allowed to withhold (hold back) rent as leverage to compel repairs or maintenance, even if there is an ongoing dispute, and the proper route is to file with the Landlord and Tenant Board for relief rather than stopping rent payments; however, the Landlord and Tenant Board may permit a tenant to pay all or part of the rent into the Board during the dispute process, typically after filing a Tenant Application About Maintenance (Form T6) and then making a Request to Pay Rent to the Board on that T6, which keeps rent from being owed directly to the landlord while the maintenance issue is addressed.   For help preparing your T6 and next steps with Ontario’s Landlord and Tenant Board, Paralegal Bulat Paralegal Service can guide tenants through the correct process so you protect your position while the maintenance concerns are investigated and resolved; call (705) 664-0334 to discuss your situation.

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

Understanding That Withholding Rent From a Landlord Requires Payment of Rent Into the Landlord Tenant Board

If a tenant is concerned about maintenance performance issues, the tenant may initiate legal action by filing an Application with the Landlord Tenant Board and applying to pay rent to the Landlord Tenant Board instead of to the landlord. When rent is paid into the Landlord Tenant Board, the rent is held back from the landlord until the dispute with the tenant is resolved.

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

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.