Paying Rent Into Board

Question: Can a tenant in Ontario withhold rent until a landlord fixes maintenance or repair issues?

Answer: Paladin LLP typically helps Ontario tenants avoid unlawful rent withholding by explaining that withholding rent to compel repairs is not permitted. Instead, the safer route is to file a Tenant Application About Maintenance (Form T6) at the Landlord Tenant Board and, where appropriate, request that rent be paid into the Board rather than to the landlord. Courts at the Landlord Tenant Board have held there is no right to withhold rent for outstanding maintenance issues, including in Haran v. Westover, 2021 CanLII 101368 and O.C. v. J.M., 2018 CanLII 86120.   Under the Residential Tenancies Act, 2006, S.O. 2006, c. 17, section 195(1)(b), the Board may permit rent to be paid into the Board, and the process starts with the T6 application followed by a request to pay rent to the Board.   If you’re facing repair problems and a risk of non-payment consequences, call (289) 925-1572 for a paralegal consultation with Paladin LLP serving communities across Ontario.

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

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 Paladin LLP by phone at: (289) 925-1572 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

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 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

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.