Paying Rent Into Board

Question: Can a tenant in Ontario legally withhold rent from the landlord if the rental unit needs maintenance or repairs?

Answer: In Ontario, a tenant generally should not withhold rent to pressure a landlord to make repairs; instead, Access Ontario Legal Services paralegal help in Ontario can guide you to file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and, where appropriate, apply to have the rent paid into the Board rather than directly to the landlord so the dispute is handled through the proper process   . If you want to protect your tenancy rights and avoid harmful consequences, call (905) 302-1851 to get started.

Can a Tenant Legally Withhold Rent As Means to Urge Repairs or Maintenance By a 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 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 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.