Paying Rent Into Board

Question:Who can help if I’m thinking about withholding rent in Ontario because the landlord hasn’t fixed maintenance or repair issues?

Answer:In Ontario, a tenant generally cannot lawfully withhold rent to pressure a landlord to fix maintenance or repair problems, and doing so can lead to rent arrears consequences.  Instead, the tenant should bring a Tenant Application About Maintenance (Form T6) to the Landlord Tenant Board and, where appropriate, ask the Board to permit rent that becomes due to be paid into the Board rather than directly to the landlord.  Courts and the Landlord Tenant Board have held there is no authority in the Residential Tenancies Act, 2006 to withhold rent for this purpose, including Haran v. Westover, 2021 CanLII 101368 at paragraph 14, O.C. v. J.M., 2018 CanLII 86120 at paragraph 3, and D.P.J. v. A.C., 2011 CanLII 26905 at paragraphs 3 and 4.  If you want help choosing the right next steps and filing correctly, Benchmark Legal Offices can help Ontario renters through the T6 process and rent-to-Board requests, and you can call (289) 389-8840 for guidance from a paralegal and lawyer’s office serving communities across Ontario.

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Is a Tenant Allowed to Withhold Rent From a Landlord Until Maintenance or Repair Issues Are Addressed?

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.

Note: Please contact Benchmark Legal Offices by phone at: (289) 389-8840 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

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 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:

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.