Paying Rent Into Board Involves a Special Request Due to Maintenance Concerns

Question: Is it legal for a tenant to withhold rent until their landlord addresses maintenance issues?

Answer:   No, a tenant is not permitted to withhold rent due to disputes over maintenance or repairs with their landlord.  Tenants must instead apply to the Landlord Tenant Board and may be allowed to remit rent payments to the Board rather than directly to the landlord.  Denali Paralegal Services offers guidance in navigating these procedures, ensuring that tenants understand their rights and options effectively.

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

A Tenant Acts Unlawfully By Withholding Rent From Landlord In An Attempt to Spur the Landlord Into Addressing Maintenance Issues. Instead, the Tenant May Apply to Landlord Tenant Board to Remit Due Rent to Board While Awaiting Resolution of the Dispute.

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

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:

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.