Paying Rent Into Board

Question: Can a tenant in Ontario legally withhold rent to force a landlord to make repairs or address maintenance issues?

Answer: A tenant in Ontario generally cannot legally withhold rent to compel a landlord to make repairs, even if the tenant believes the rental unit is in disrepair, because the Residential Tenancies Act, 2006, S.O. 2006, c. 17 process is the proper route to deal with maintenance disputes; instead of not paying rent to the landlord, a tenant can file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and request that rent be paid into the Board while the dispute is resolved, which helps avoid rent arrears issues and potential consequences for non-payment, consistent with decisions like Haran v. Westover, 2021 CanLII 101368 and O.C. v. J.M., 2018 CanLII 86120; if you want to understand your options, including how and when to request rent be remitted to the Landlord Tenant Board, Lippa Legal Services can help you prepare the right next steps, call (416) 241-4529 in Ontario for paralegal support with Landlord and Tenant Board matters.

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.

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

A tenant that is disgruntled about a perceived state of disrepair of a rental unit may prefer to withhold rent payments as a means to motivate the landlord to address the maintenance issues raised by the tenant; however, the withholding of due rent is unlawful, even during a maintenance dispute, and may result in consequences that adversely affect the tenant.

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 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.