Paying Rent Into Board

Question: Is it legal for a tenant in Ontario to withhold rent until the landlord completes repairs or maintenance?

Answer: In Ontario, a tenant generally can’t legally withhold rent to force repairs; instead, keep paying rent and file a maintenance application (Form T6) and request to pay rent to the Landlord and Tenant Board under Residential Tenancies Act, 2006, S.O. 2006, c. 17.   For practical next steps and representation, Paladin LLP offers Paralegal support for tenants and landlords across Ontario, helping you document issues, file properly, and pursue rent abatements or compliance orders; call (289) 925-1572 to get started.

Is a Tenant Allowed to Hold Rent Back From a Landlord Until Maintenance or Repair Issues Are Addressed 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.

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 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

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.