Paying Rent Into Board Involves a Special Request Due to Maintenance Concerns

Question: Is it legal for a tenant to withhold payment of rent until maintenance issues are addressed by the landlord?

Answer:   Withholding rent is unlawful; tenants should instead apply to the Landlord Tenant Board to remit the rent while addressing maintenance issues.  Lippa Legal Services can assist you with this process, ensuring that your rights as a tenant are upheld effectively.

Is It Legal For a Tenant to Withhold Payment of Rent Until Maintenance or Repair Issues Are Completed By the Landlord?

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.

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

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 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.