Tenants must understand that withholding rent is generally not allowed under the Residential Tenancies Act (RTA) in Ontario. Even if a landlord is not fulfilling their obligations, such as maintenance or repairs, tenants are still required to pay their rent. If tenants withhold rent, they risk facing eviction proceedings.
In cases where a landlord is not meeting their obligations, tenants should take the following steps:
1. Document the Issue: Keep a record of all communication with the landlord regarding the problem. Take photos if the issue is related to maintenance or repairs.
2. Contact the Landlord: Inform the landlord in writing about the problem and request that they resolve it within a reasonable timeframe.
3. Contact the Landlord and Tenant Board (LTB): If the landlord fails to address the issue, tenants can file an application with the LTB for a hearing to resolve the matter. The LTB can issue
orders requiring the landlord to fulfill their obligations.
In Wexler v. Youssef, the Ontario Superior Court of Justice ruled that tenants cannot withhold rent even if their landlord is not complying with their obligations under the Residential Tenancies Act (RTA). The court held that a tenant’s only remedy for a landlord’s non-compliance with the RTA is to file an application with the LTB for an order to compel the landlord to comply.
This decision highlights the importance of following proper legal procedures when dealing with issues related to late payment of rent. Tenants cannot withhold rent in response to a landlord’s failure to comply with the RTA. Instead, tenants must seek legal redress through the appropriate channels, such as applying with the Landlord and Tenant Board (LTB).
Tenants need to seek legal advice or assistance if they are unsure about their rights and responsibilities under the RTA.
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