Request to Pay Rent to the Board on a Tenant Application About Maintenance in Ontario

The form is for tenants in Ontario who wish to request the Landlord and Tenant Board’s permission to pay rent to the board instead of their landlord due to issues related to maintenance of their rental unit. It outlines the process for making such a request, including providing reasons for the request, the amount to be paid, and the periods covered. It also contains important notes about the board’s authority, the effect of granted requests on tenancy obligations, and further contact information for inquiries.

Can a Tenant Withhold Rent in Ontario?

In Ontario, Canada, tenants may consider withholding rent under specific circumstances, such as serious maintenance issues that the landlord has failed to address. However, it is important to understand the legal framework and proper procedures to avoid breaching the tenancy agreement. Withholding rent Ontario without following the proper legal process can lead to eviction proceedings against the tenant.

First, the tenant must notify the landlord in writing of any repairs or maintenance issues, giving them a reasonable opportunity to fix the problem. If the landlord does not address the maintenance issues, the tenant can file an application with the LTB. This can include requests for an order requiring the landlord to complete repairs or for a rent reduction until the issue is resolved. In some situations, the LTB might allow a tenant to pay rent into escrow (to the Board, rather than the landlord) until the dispute is resolved. This is not the same as withholding rent, as the money is still paid out, but it ensures that the landlord does not receive the rent until they meet their obligations. While less common, in some cases, tenants might be able to pay for repairs themselves and deduct the cost from their rent. This option is risky and should only be considered with legal advice or specific authorization from the LTB.

Can a Tenant Withhold Rent for Repairs in Ontario?

In Ontario, tenants cannot legally withhold rent because they believe repairs are needed in their rental units. The law requires that tenants continue paying rent, even when they are in a dispute with their landlord over repairs or maintenance issues. The proper procedure for dealing with repair issues involves a different approach rather than withholding rent, which could lead to legal consequences for the tenant, including eviction proceedings for non-payment of rent.

Filling out this form is a process to request permission to pay your rent directly to the Landlord and Tenant Board (LTB) instead of your landlord due to maintenance issues. Here is a step-by-step guide to help you fill out the form:

1. Tenant’s Name: Enter your full legal name as it appears on your lease agreement.
2. Address of Rental Unit: Provide the complete address of your rental property, including any apartment or unit number.
3. File Number: If you have already filed an Application About Maintenance (Form T6) with the LTB and have been given a file number, enter it here. If you have not yet filed your application or do not know your file number, leave this blank.
4. Landlord’s Name: Enter the full legal name of your landlord or the property management company.
5. Request Details:
   • For a lump sum payment: If you wish to pay a specific amount of rent upfront into the Board, specify the amount in dollars and the rental period it covers, including the start and end dates in the format dd/mm/yyyy.
   • For future payments: If you intend to make regular rent payments to the Board instead of your landlord, indicate the amount and frequency (monthly, weekly, other). Specify if this is for a certain period with start and end dates or for all future periods until your maintenance application is resolved.
6. Information About Your Rent:
   • Current Rent: Enter the amount of your rent and the frequency at which it is due (monthly, weekly, or other; specify if other).
   • Rent Due Date: Specify the day of the month or week your rent is typically due.
7. Explanation: On the second page, you’ll be asked to explain why the Board should permit you to pay all or part of your rent to the Board and not directly to your landlord. Be concise and factual, focusing on the maintenance issues that led to your application.
8. Signature and Date: Sign your name and date the form in the format dd/mm/yyyy. If you are represented by someone, such as a legal representative, they should also sign here.
9. Contact Information: Provide your phone number where you can be reached for any follow-up or clarification.

Important Notes

• After submitting the form, the Board will notify you in writing whether your request is granted.
• If your request is granted and you comply by paying the specified rent on time to the Board, you will not be in breach of your rent payment obligations under your lease or the Act.
• The authority of the Board to accept rent payments ends once a final decision on your maintenance application is made. The final decision will include instructions on the disbursement of any rent paid to the Board.