Paying Rent Into Board

Question:Can a tenant legally withhold rent to pressure a landlord to fix maintenance issues in Ontario?

Answer:In Ontario, a tenant generally cannot withhold rent as a way to compel a landlord to make repairs, because the Residential Tenancies Act, 2006 does not allow rent withholding for that purpose.   If maintenance issues are ongoing, the safer legal route is to file a Tenant Application About Maintenance (Form T6) with the Landlord and Tenant Board and request permission to pay the rent into the Board instead of to the landlord, so the money is held while the dispute is decided.   Cases like Haran v. Westover, 2021 CanLII 101368 and O.C. v. J.M., 2018 CanLII 86120 reflect that there is no justification for withholding rent to obtain specific performance.   For paralegal help with a T6 and rent-to-the-Board steps, Hall Paralegal Services can review your situation and next moves; call (519) 258-2400.

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

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 Hall Paralegal Services by phone at: (519) 258-2400 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

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 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.