Paying Rent Into Board

Question: Can a tenant legally withhold rent from the landlord in Ontario if there are unresolved maintenance or repair issues?

Answer: In Ontario, a tenant should not withhold rent to pressure the landlord to fix maintenance issues, because that is generally improper and unlawful under the Residential Tenancies Act, 2006; instead, the tenant can file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and request that rent be paid into the Board rather than to the landlord, which is the proper process when repairs are at issue.   Cases like Haran v. Westover, 2021 CanLII 101368 (at para. 14) and O.C. v. J.M., 2018 CanLII 86120 (at para. 3) reflect that the Act does not authorize tenants to withhold rent to compel repairs.   If you are dealing with ongoing repair problems, Melville Legal can help you understand the fastest lawful next steps to protect your rights at the Landlord Tenant Board and reduce risk of a rent default; call (289) 981-7712 to discuss your situation.   If the Board considers it appropriate, a tenant may be permitted to pay all or part of the rent into the Board under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 195(1)(b).

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

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

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 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:

The process of applying to remit rent into the Landlord Tenant Board instead of the landlord, a tenant must commence a proceeding via the Tenant Application About Maintenance (Form T6) process and thereafter a 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.