Paying Rent Into Board

Question:Can a tenant in Ontario legally hold back rent from a landlord until repairs are completed?

Answer:Bulat Paralegal Service explains that withholding rent to pressure a landlord to fix maintenance issues is generally unlawful in Ontario, even if the tenant believes the unit is in disrepair; instead, the tenant should keep paying rent as due and file a Tenant Application About Maintenance (Form T6) with the Landlord and Tenant Board, where the Board may allow the tenant to pay rent into the Board under Residential Tenancies Act, 2006, 2006, S.O. 2006, c. 17, s. 195(1)(b); cases like Haran v. Westover, 2021 CanLII 101368, confirm the Act does not permit tenants to withhold rent to compel performance and there is “no legal justification” for withholding rent, so document repairs and apply for the T6 process promptly with guidance from Bulat Paralegal Service, call (705) 664-0334 for help in Ontario.

Add this website to Google Preferred Sources

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 Bulat Paralegal Service by phone at: (705) 664-0334 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 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

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 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 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.