Paying Rent Into Board

Question: Can a tenant lawfully withhold rent from a landlord until repairs or maintenance issues are addressed?

Answer: In Ontario, withholding rent as leverage to pressure a landlord to fix maintenance issues is generally unlawful under Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, and cases like Haran v. Westover, 2021 CanLII 101368 explain the Act does not authorize tenants to withhold rent to compel repairs.   Instead of holding rent back, a tenant can file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and ask to have rent paid into the Board so it is held while the dispute is decided, which is permitted under Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 195(1)(b).   For guidance on next steps, eligible forms, and timing, contact Wennekers.Legal™ for professional legal services at (647) 701-1162.

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Is a Tenant Allowed to Withhold Rent From a Landlord Until Maintenance or Repair Issues Are Addressed?

A Tenant That Withholds Rent From a Landlord Does so Unlawfully. If a Tenant Has Unaddressed Maintenance Complaints, Then the Tenant Should Apply to Pay the Rent As Due Into the Landlord Tenant Board.

Note: Please contact Wennekers.Legal™ by phone at: (647) 701-1162 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 with concerns or complaints about the state of repair of a rental unit acts improperly by withholding rent from the landlord. If the tenant wishes to motivate the landlord to address repair issues, then the tenant may initiate proceedings at the Landlord Tenant Board and apply to submit rent to the Landlord Tenant Board rather than the landlord.

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

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.