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

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

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


195 (1) Where the Board considers it appropriate to do so, the Board may, subject to the regulations,

....

(b)  permit a tenant who is making an application for an order under paragraph 1 of subsection 29 (1) to pay all or part of the rent for the tenant’s rental unit into the Board.

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.

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