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Paying Rent Into Board Involves a Special Request Due to Maintenance Concerns
Question: Can a tenant withhold rent if the landlord refuses to make repairs?
Answer: No, withholding rent is unlawful in Canada, even during maintenance disputes. Instead, tenants can submit a Tenant Application About Maintenance (Form T6) to the Landlord Tenant Board to arrange for rent to be paid directly to the Board. This ensures compliance with the law while addressing concerns about property maintenance effectively.
Is It Legal For a Tenant to Withhold Payment of Rent Until Maintenance or Repair Issues Are Completed 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 has issues with the state of repair of the rental unit, the tenant should refrain from withholding rent from the landlord. Instead, the tenant should initiate proceedings at the Landlord Tenant Board and apply to pay the rent to the Landlord Tenant Board as a proper means to motivate the landlord to address the repair issues as complained of by the tenant.
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:
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:
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
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.
