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Paying Rent Into Board Involves a Special Request Due to Maintenance Concerns
Question: Can tenants legally withhold rent until their landlord completes necessary repairs?
Answer: No, Canadian tenants cannot lawfully withhold rent to compel landlords to perform repairs. Instead, tenants should file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board. They may apply to remit rent payments directly to the Board while maintenance concerns are addressed. This legal pathway ensures tenants' rights are protected without breaching rental agreements. Need guidance on tenant rights?
Answer: Consider reaching out to Paladin LLP for assistance.
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
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:
14. It is important to note that the Act does not provide any authority to the tenants to withhold rent payments in order to compel specific performance by a landlord. ...
3. As I stated at the hearing, there is no legal justification for withholding rent. If there are lingering maintenance issues, and the Landlord does not address them, the Tenant may apply for relief in a T6 application. ...
3. The Tenant did not pay the rent for February and March because of maintenance issues in the rental unit. The Tenant further stated at the hearing that she did not intend to pay the rent until all maintenance issues are dealt with by the Landlord.
4. I find that there is no provision in the Residential Tenancies Act, 2006 (the 'Act') that allows a tenant to withhold rent because of outstanding maintenance issues. ...
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:
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
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.
