UPDATED March 24, 2020 – (re. COVID-19)
Refer to these links:
FMTA – Petition to stop rent April 1 due to COVID-19
https://www.torontotenants.org/covid
ACORN CANADA – Rent Freeze / Suspension of Rent
https://acorncanada.org/take-action/urgent-action-rent-freeze-suspension-of-rent-end-nsf-fees-internet-all
Rent relief: What each province is doing to help residential tenants during the pandemic
https://www.ctvnews.ca/health/coronavirus/rent-relief-what-each-province-is-doing-to-help-residential-tenants-during-the-pandemic-1.4877615
Recently we heard of tenants being handed eviction notices for withholding rent due to outstanding building maintenance issues. The eviction notices came about as a result of rulings by the Landlord and Tenant Board (LTB) after the landlord took action against the tenant for withholding rent. Apparently the most common reason for tenants withholding rent is lack of cooperation by difficult or problem landlords who ignore repairs and unresolved maintenance problems. Unfortunately, many tenants are either misinformed or uninformed regarding the correct process to withhold rent when trying to resolve building maintenance issues. Tenants are shocked and devastated when they are brought before the Board for withholding rent and the adjudicator rules in favour of the landlord and approves the eviction. It is clear that tenants need to familiarize themselves with the required process for withholding rent.
QUESTION: “Can tenants withhold rent if the landlord has ignored or is slow to deal with serious building maintenance issues?”
ANSWER: “Yes, BUT tenants are required to follow the process outlined in the Residential Tenancies Act”.
PROCESS FOR WITHHOLDING RENT:
The correct process for withholding rent is outlined in the Residential Tenancies Act. According to the provisions contained in that Act, the tenant should file a T6 applications with the Landlord and Tenant Board (LTB) before attempting to withhold rent. Otherwise, the tenant could face serious consequences because the landlord would have the legal right to commence action to evict the tenant. Download a T6 form at this link: http://www.sjto.gov.on.ca/ltb/forms-filing/#tenant-forms
After filing the T6, the tenant should pay some or all of their rent to the LTB while waiting for their hearing. This is covered under Section 195. (1), (b) of the Residential Tenancies Act. The tenant can ask to pay rent to the Board instead of to the property owner by filing the Request to Pay Rent to the LTB form. After this form is filed and is approved by the Board the tenant can pay rent to the Board until the hearing takes place. You can download a copy of the Request to Pay Rent to the LTB form at this link: http://www.sjto.gov.on.ca/ltb/forms-filing/#tenant-forms
The T6 application also allows the tenant to request financial compensation for the violation of the maintenance standard. It is highly recommended that tenants seek legal advice when filing a T6 application.
In some instances a tenant can negotiate with the landlord and take responsibility of getting minor repairs done. Under this arrangement there could be a mutual agreement that the cost of repairs be deducted from rent. A tenant who participates in this arrangement should use good sense and consider documenting the arrangement. It is also recommended that you check our link Renting Regulations for regulations regarding Last Month Rent (LMR).
Tenants who are dealing with difficult landlords who either delay or won’t do repairs and maintenance should check a publication by the Federation of Metro Tenants Association (FMTA) for more on this topic at this link: https://www.torontotenants.org/. This document contains information to help tenants deal with outstanding repairs and maintenance issues. It identifies five basic steps for resolving outstanding repairs and maintenance issues:
Step 1 – Submit your request for repairs or maintenance in writing to the property owner or property manager.
Step 2 – Send management a letter. (Make sure to check Page 6 of FMTA’s “Getting Repairs Done publication as it offers a ‘sample complaint letter’ to assist tenants when contacting the landlord. )
Step 3 – Gather your evidence
Step 4 – Contact Municipal Licensing and Standards
Step 5 – File a Tenant Application About Maintenance
Each of the steps listed above come with detailed explanations of the actions tenants should take to get repairs done. Tenants should read this Getting Repairs Done document carefully as it provides a clear description of the entire process. It advises tenants on how to interact with officials at the municipal level and how to prepare for the hearing before the Board. It would be in the tenant’s best interest to avoid protracted conflicts and confrontations with the landlord and submit all complaints in writing.
As a final point, and based on tenant comments related to outstanding repairs and maintenance, we would like to suggest that community organizations give consideration to establishing a ‘tenants boot camp’ pilot project that was mentioned in an earlier post. In the past, tenants associations assumed most of the responsibility of educating and assisting tenants but very few of these associations exist nowadays. We believe a ‘tenants boot camp’ that is politically neutral, and properly organized and administered can empower tenants and alleviate some of the desperation, frustration and injustice experienced by tenants. Consider this: The Beaches-East York riding has a large and diverse tenant population with close to 50% of its residents living in rental accommodation. As such, it would be a great location to initiate a ‘tenants boot camp’ pilot project to educate tenants on their rights and responsibilities.
Misinformed and uninformed tenants are vulnerable. Don’t be a victim. Remember, tenants have rights too!
East York Tenants Group 
Thanks for this enlightening information.
LAH
This is an excellent resource for Tenants. It is so important to know the process when dealing with these situations. I commend the East York Tenants Group for putting together this website. Very informative please keep up the good work on behalf of tenants everywhere.
Although I think the “tenants boot camp” is a good idea, I can see a couple of problems: 1) Not every tenant speaks English so interpreters would be needed and 2) With tenants who might do shift work, the time this ‘camp’ would occur might be hard to schedule
An information package containing important phone #’s (email addresses, if available) could perhaps be compiled and given to new tenants. Possible information to include: landlord’s business phone #; superintendent’s phone #, contact phone #’s for East York Tenants Group etc.
Please use common sense when wanting to withhold your Rent. This is not the best way to act. File a T6 Form and also a L6 form. The cost of filing is $45.00 per file and $5.00 per additional person from that residence. The more tenants who file together, the better when hearing time comes. The total amount for that filing should be no more than $450.00 so please use common sense. If you need help just contact the Landlord and Tenant Board.
Excellent and informative advice for tenants to follow the correct process on how to withhold rent for repairs that Landlords haven’t done. The “tenants boot camp” would be an ideal forum not only to understand the process for getting repairs done but also for tenants to share their experiences and brainstorm as to how to deal with difficult landlords.
This is such good information for tenants. So many tenants are having a hard time getting landlords to do needed repairs. That idea for a ‘tenants boot camp’ is terrific. Hope someone gets that going as tenants need to be empowered about their rights.
Good article.