If you are an Ontario tenant facing a rent arrears application, a maintenance problem may still be important to your case, but timing and payment rules can affect whether the Landlord and Tenant Board considers it. This guide explains what pre-hearing arrears payment may be required before raising repair, safety, or habitability issues, how to notify your landlord and the LTB, and what evidence to gather. It also covers the Residential Tenancies Act, 2006, relevant LTB forms, hearing preparation, and practical steps for renters. Understanding these requirements can help you protect your tenant rights while responding to an eviction application fairly and effectively.
How pre-hearing arrears payment affects maintenance issues
Under section 82 of Ontario's Residential Tenancies Act, 2006, a tenant responding to certain landlord applications based on non-payment of rent may be able to raise issues about the tenancy, including maintenance concerns. The LTB may require the tenant to pay rent owing under the tenancy agreement up to the hearing date before the issue is considered. The Board can have discretion in some circumstances, so read the notice carefully and obtain legal advice if payment is impossible.
Payment does not erase a landlord's obligation to maintain the rental unit. Ontario landlords generally must keep the property in a good state of repair, fit for habitation, and compliant with health, safety, housing, and maintenance standards. A tenant should not assume that a repair problem automatically cancels rent owing or permits withholding rent without an LTB order.
What tenants should do before the hearing
Check the application and hearing notice
Identify the application type, the amount claimed, the hearing date, and the deadline for providing documents. An L1 application is commonly used by a landlord seeking eviction for non-payment of rent. The LTB's official Landlord and Tenant Board website explains procedures, hearing options, and current forms.
- Read the eviction application and hearing notice carefully.
- Confirm the arrears amount, payments already made, and the date through which rent is claimed.
- Record every deadline for notifying the landlord, serving documents, and making payment.
Give notice that you intend to raise maintenance issues
If you plan to raise maintenance issues in response to a landlord's non-payment application, follow the LTB's directions about notifying the landlord and the Board before the hearing. Your notice should identify each problem, when it began, how it affected the unit, and what remedy you want. Keep proof that the notice was delivered.
For a separate tenant application about maintenance, review the official Form T6, Tenant Application about Maintenance. A tenant might use Form T6 when a landlord has not repaired persistent mould, a broken heating system, unsafe plumbing, or another serious maintenance issue. The form explains the orders a tenant may request, such as repairs, a rent abatement, compensation, or reimbursement of reasonable expenses.
Pay the amount required before the hearing
Where section 82 applies, arrange payment of the rent amount required by the LTB's process before the hearing and keep the receipt. If you dispute the amount, have made partial payments, or cannot pay because of a serious hardship, collect proof and explain the situation to the Board. Payment arrangements should be documented in writing and should not be assumed to be accepted unless confirmed.
For general guidance on payment records and rent responsibilities, see Tenant''s Guide to Paying Rent: Rights, Responsibilities, and Tips. Maintenance disputes and rent arrears are related, but they are not automatically interchangeable.
Evidence that can support a maintenance issue
Strong evidence helps the LTB understand the condition of the unit and the landlord's response. Organize evidence in date order and provide copies according to the LTB's filing and service instructions. Keep the original files and bring accessible copies to the hearing.
- Photographs and videos showing the condition, with dates and descriptions.
- Emails, text messages, work orders, and repair requests sent to or received from the landlord.
- A dated log of missed repairs, temperature problems, leaks, pests, odours, or other effects on the unit.
- Receipts for reasonable expenses, temporary accommodation, damaged belongings, or other amounts claimed.
- Inspection reports, municipal orders, or records from public health or fire officials when relevant.
Tenants should continue reporting urgent problems promptly and allow lawful access for inspections and repairs. For an overview of repair duties and repair communication, read Routine Repairs in Rental Units: Tenant and Landlord Responsibilities. Health-related or dangerous conditions may also require immediate contact with municipal services or emergency responders.
What happens at the LTB hearing
The adjudicator may first address jurisdiction, notice, service, arrears, and the legal requirements for the application. If you have paid the amount required under the applicable process and properly raised your maintenance issues, explain the problems briefly and refer to your evidence. The LTB may consider remedies such as an order to repair, a rent abatement, compensation, or other relief where legally available.
Bring proof of payment, your application or response documents, the hearing notice, evidence of service, and a concise list of the orders you want. Be accurate about what has been repaired and what remains unresolved. If you reach an agreement, ask that its terms be recorded clearly, including payment dates, repair deadlines, access arrangements, and what happens if a term is missed.
The Ontario Residential Tenancies Act, 2006 governs residential tenancies, but the LTB's current rules, practice directions, and hearing instructions also matter. The official forms page includes the current Form T6 and other LTB documents.
FAQ
- Can I raise maintenance problems at an arrears hearing?
- You may be able to raise maintenance issues under section 82 of Ontario's Residential Tenancies Act, 2006, if you meet the notice, service, and payment requirements that apply to your hearing. Check the LTB instructions and hearing notice.
- Do I have to pay rent arrears before raising a maintenance issue?
- The LTB may require payment of rent owing under the tenancy agreement up to the hearing date before considering issues raised in response to a non-payment application. The exact requirement depends on the application and circumstances.
- What form is used for a separate maintenance application?
- Form T6, Tenant Application about Maintenance, is used to ask the LTB for remedies when a landlord has not met maintenance obligations.
- Can I withhold rent because my landlord has not repaired the unit?
- Generally, tenants should not withhold rent without an LTB or court order because doing so can create an arrears issue and may put the tenancy at risk.
How-To
- Read the landlord's application and hearing notice to identify the arrears amount and deadlines.
- List each maintenance problem, its dates, its effects, and the repairs requested.
- Notify the landlord and the LTB of your intention to raise the issues using the required procedure.
- Pay the amount required before the hearing when the applicable LTB process requires it, and save proof.
- Organize photos, messages, receipts, inspection records, and a dated repair log.
- Attend the hearing, explain the requested remedies, and follow any order or written agreement.
Help and Support / Resources
- Review the Landlord and Tenant Board website for hearing information, procedures, and contact options.
- Use the LTB's official forms and instructions, including Form T6 for maintenance concerns.
- Read Ontario's Residential Tenancies Act, 2006 for the governing legislation.
- If you need to relocate while a dispute continues, Explore rental homes in your area on Houseme.
