Can Ontario Tenants Withhold Rent for Repairs?
If you're a tenant in Ontario struggling with unresolved repairs or maintenance issues, you might wonder whether you are legally allowed to withhold rent until those repairs are done. This situation is common, but it's important to understand what the law says and what your options are before taking any action to protect your rights and avoid possible eviction or penalties.
Your Rights to Repairs in Ontario Rentals
Every tenant in Ontario has the right to live in a rental unit that is safe, in good repair, and meets health standards. Landlords have a legal duty—set out in the Residential Tenancies Act, 2006—to maintain rental properties in a habitable condition. This includes taking care of repairs, maintenance, and ensuring that systems like heating, plumbing, and safety features are working properly.[1]
- Landlords must fix problems that affect the habitability of your unit (e.g., leaks, heat, broken appliances included in your lease).
- As a tenant, you must inform your landlord (preferably in writing) about any needed repairs as soon as possible.
For a deeper look at health and safety issues you should watch for in your rental, see Health and Safety Issues Every Tenant Should Know When Renting.
Is Withholding Rent for Repairs Legal in Ontario?
Under Ontario law, tenants cannot legally withhold rent—even if their landlord fails to make repairs or address maintenance problems. If you stop paying all or part of your rent, the landlord can apply to evict you for non-payment—even if the repairs are overdue.[1]
Tip: Withholding rent for repairs is risky and is not a legal remedy in Ontario.
Instead, tenants are encouraged to use the proper legal routes to resolve repair disputes safely.
Safe Legal Remedies for Tenants
If your landlord is not making necessary repairs after you've informed them, you have several lawful options:
- File a request with the Landlord and Tenant Board (LTB): The LTB is the provincial tribunal handling residential tenancy matters in Ontario.
- Apply for a rent abatement or repair order: If repairs are not done, you can ask the LTB for an order that may require the landlord to fix the issue and/or pay a rent reduction (sometimes called a "rent abatement"). You do not have the right to decide to pay less rent without an LTB order.
Key Forms: How to Start a Repair Application
- Form T6: Tenant Application about Maintenance
How to use Form T6:
- When: If you have already informed your landlord (preferably in writing) about required repairs and they do not fix the issue in a reasonable timeframe.
- How: Fill out Form T6: Tenant Application about Maintenance and submit it to the LTB online, by mail, or in person. Attach copies of your repair requests, photos, or inspection reports if possible.
- What happens: The LTB can order the landlord to do repairs, give you a rent abatement, or even order compensation if your rights were violated.
What Tenants Should Do Instead of Withholding Rent
Here's an action plan for tenants concerned about repairs:
- Document repair issues with photos and notes.
- Send a written request to your landlord describing the problem.
- Keep a copy of all correspondence.
- If the issue isn’t fixed, consider a complaint to your local by-law department if the issue affects health/safety.
- If necessary, apply to the LTB using Form T6 (see above).
Special Note: Emergencies
If repair issues pose an immediate danger—like a burst pipe or no heat during winter—contact your landlord right away. If you cannot reach them, call local emergency services or the city by-law office. Tenants should never withhold rent, even in emergencies, but may apply for urgent remedies at the LTB if needed.
Additional Rights and Related Topics
- For more about overall obligations, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
- For a summary of all your legal protections and responsibilities in Ontario, see Tenant Rights in Ontario.
You can also Find rental homes across Canada on Houseme quickly and securely.
FAQ: Withholding Rent and Tenant Repairs in Ontario
- Can I withhold my rent until repairs are done?
No. Ontario tenants cannot withhold rent for repairs. Use the LTB application process instead. - What if my landlord ignores my repair requests?
You can file Form T6 with the LTB, where you may ask for an order for repairs and/or a rent abatement. - If I pay for a repair myself, can I deduct it from my rent?
Not without landlord consent or an order from the LTB. Deducting costs from rent without legal basis can result in eviction for non-payment. - Are there urgent repair situations where I can get help faster?
If there's an immediate health and safety risk, contact your local by-law office or file for an urgent LTB hearing. - What documents do I need when applying for repairs at the LTB?
Bring copies of written repair requests, photos, correspondence, and any inspection records that show the issue.
Key Takeaways for Ontario Tenants
- Never withhold rent for repairs—it's not a legal solution and could risk eviction.
- Document issues, request repairs in writing, and pursue legal remedies using LTB forms if needed.
- Use official processes to protect your rights and ensure your rental is safe and well-maintained.
In summary, always take proper action—don't stop paying rent. Ontario law offers tenants evidence-based ways to solve repair disputes through the Landlord and Tenant Board.
Need Help? Resources for Tenants
- Landlord and Tenant Board of Ontario: Apply for repairs or resolve disputes
- Ontario Government: Renting in Ontario—Tenant Rights
- Local municipality by-law departments for urgent health/safety issues
- Community legal clinics for free advice (search "Ontario tenant legal clinic" in your area)
- Residential Tenancies Act, 2006 (s. 20, s. 21, s. 82) – Official Ontario rental housing law
- Landlord and Tenant Board of Ontario
- LTB Form T6: Tenant Application about Maintenance
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