When Can I Withhold Rent in Canada?

It’s a question that you can’t help asking when frustration builds up past all reason. Your landlord isn’t fixing the leaking roof, or maybe the pest problem is out of control. The point is, you’re paying good money every month, and in return, you feel ignored and disrespected.

In these moments, the idea of withholding rent feels like the only tool you have left. It feels logical: if the landlord isn’t holding up their end of the bargain, why should you? But before you decide to skip your next rent payment, you need to understand one critical fact about Canadian tenancy law:

Withholding rent is almost always illegal in Canada and is one of the fastest ways to get evicted.

This guide will walk you through why this is the case, explain the very rare exceptions, and—most importantly—show you the powerful legal steps you should take instead to solve your problem without risking your home.

If you want to skip the guesswork and find the right legal paperwork, you can also use our legal AI: answer a few questions about your situation, and we’ll match you to the right form. You can also skim this table for some quick info.

Your Situation / Problem The Bad Idea (What NOT to Do) The Legal Path (What You SHOULD Do)
General Rule: You are unhappy with your landlord for any reason. Withhold Rent. This is illegal in nearly all cases and is the fastest way to get an eviction notice. Your landlord’s failures do not legally cancel your duty to pay. 1. Document Everything: Keep a detailed record (photos, emails, logs).

2. Give Formal Written Notice: Send a letter or email outlining the problem.

3. Apply to Your Provincial Tenancy Board: This is your most powerful tool.
The landlord won’t do repairs (e.g., broken heater, leaks, broken appliance). Stop paying rent until they fix it. Your valid repair complaints will not stop an eviction hearing for non-payment of rent. Continue paying rent. File an application with your tenancy board to ask for a legal order for the landlord to complete the repairs and request a rent abatement (a retroactive rent discount for the time you lived with the issue).
There is a pest infestation (mice, cockroaches, bed bugs). Refuse to pay rent because the unit is unlivable. This weakens your position and gives your landlord an easy reason to file for eviction. Continue paying rent. Notify the landlord in writing and cooperate with exterminators. If the landlord does nothing, file with the board for an order to hire professionals and a rent abatement.
The landlord is harassing you or entering your unit illegally. Withhold rent to “punish” them. This escalates the conflict and allows the landlord to use the legal system against you, distracting from their illegal behaviour. Continue paying rent. Send a formal letter demanding they stop. If you feel unsafe, call the police. File with the board immediately to get an order for them to stop and to claim a large rent abatement for the loss of your quiet enjoyment.
You want to pay less rent legally. Decide on your own that you deserve a discount and pay a reduced amount. Any amount less than the full rent is considered non-payment without legal authorization. You can only pay less rent if:

1. You have a direct ORDER from your tenancy board.

2. You have a SIGNED, WRITTEN agreement with your landlord.
A true emergency happens (no heat in winter, major flood), and the landlord is unreachable. Hire the most expensive 24/7 service without trying hard to reach the landlord. The landlord can dispute the cost or claim you didn’t try to contact them. Use the “Repair and Deduct” remedy with EXTREME CAUTION.

You must prove it was a true emergency, the cost was reasonable, and you made every effort to contact the landlord first. This is a high-risk, last-resort option.

The Golden Rule of Canadian Tenancy Law: Pay Your Rent

In every Canadian province and territory, the law treats your obligation to pay rent and your landlord’s obligation to maintain the property as two separate duties. This is a crucial concept to grasp.

Think of it like two one-way streets instead of a single two-way street. Your duty to pay rent flows directly to the landlord. Their duty to provide a safe, well-maintained home flows directly to you. One obligation does not legally cancel out the other.

If your landlord fails in their duty, you have powerful legal remedies. But the law requires you to continue fulfilling your own primary duty—paying the rent in full and on time—while you pursue those remedies.

If you stop paying, the law doesn’t see a tenant fighting for their rights. It sees a tenant who has broken the most fundamental term of their lease agreement. This gives your landlord a clear, legal path to evict you for non-payment, and your valid complaints about repairs or harassment may not be enough to stop the eviction.

When Can I Withhold Rent in Canada

Common Situations: Why Withholding Rent is the Wrong Move

Let’s look at some common tenant problems and break down why withholding rent is a bad idea in each case, and what you should do instead.

Scenario 1: The Landlord Isn’t Doing Repairs

  • The Situation: The furnace has been broken for a week in November, there’s a persistent leak under the sink, causing mold, or an appliance included in your lease (like a fridge or stove) isn’t working. You’ve called and emailed, but nothing is happening.
  • Why Withholding Rent is the Wrong Move: This is the most common reason tenants consider withholding rent. However, as explained above, your landlord’s failure to repair does not legally permit you to stop paying. If you do, your landlord can serve you an eviction notice (like an N4 in Ontario or a 10 Day Notice in British Columbia) for non-payment. You will have to defend yourself at a hearing, where you could be ordered to pay all the back rent immediately or face eviction.
  • What to Do Instead:
    1. Formal Written Notice: Send a detailed, dated letter or email listing the required repairs. Be polite but firm. This creates a critical paper trail.
    2. Document Everything: Take date-stamped photos and videos of the issues. Keep a log of every conversation with your landlord.
    3. File with Your Tenancy Board: This is your most powerful move. You can apply to your province’s residential tenancy board for an order that compels the landlord to do the repairs. You can also ask for a rent abatement—a retroactive rent discount for the months you’ve lived with the problem. The board can order your landlord to pay you back a portion of the rent you’ve already paid.

Scenario 2: There’s a Pest Infestation

  • The Situation: Your unit has mice, cockroaches, or bed bugs. You’ve notified the landlord, but they’ve done little or nothing to address the infestation.
  • Why Withholding Rent is the Wrong Move: A pest infestation is a clear breach of the landlord’s duty to provide a habitable home. However, the rule remains the same. Withholding rent gives the landlord grounds for eviction. It can also complicate your case, as the landlord might argue that you are preventing them from accessing funds needed to hire an exterminator.
  • What to Do Instead:
    1. Notify Immediately in Writing: Pest control requires swift, coordinated action. A written notice proves you did your part.
    2. Cooperate Fully: You must cooperate with all pest control efforts, such as preparing your unit for spraying. Failure to do so can weaken your case.
    3. File with the Board: If the landlord fails to act, file an application. You can request an order for professional pest control, a rent abatement for the loss of enjoyment of your unit, and even compensation for any belongings you had to throw away.

Scenario 3: The Landlord is Harassing You or Violating Your Privacy

  • The Situation: The landlord enters your unit without proper notice, makes inappropriate comments, threatens you, or otherwise interferes with your right to quiet enjoyment of your home.
  • Why Withholding Rent is the Wrong Move: Landlord harassment is a very serious issue, but it is not resolved by withholding rent. In fact, doing so can escalate a tense situation. The landlord can use your non-payment as a legal pretext to begin eviction proceedings, muddying the waters and turning the focus away from their illegal behaviour.
  • What to Do Instead:
    1. Send a Cease-and-Desist Letter: Formally write to your landlord, stating the specific behaviours that are violating your rights and demanding that they stop immediately. Reference the rules around legal entry in your province.
    2. Call the Police if Necessary: If you feel threatened or your safety is at risk, do not hesitate to call the police.
    3. File with the Board: This is a top priority. You can apply for an order that the landlord stop the illegal activity, a significant rent abatement for the breach of your right to quiet enjoyment, and even an order to terminate your tenancy so you can move without penalty.

The 3 Legal and Legitimate Ways to Withhold Rent in Canada

While unilaterally withholding rent is illegal, there are three specific, narrow circumstances where you may legally pay less than the full amount of rent.

1. You Have a Direct Order from Your Provincial Tenancy Board

This is the most common and legally sound way to pay less rent. It is not something you decide to do yourself; it is a remedy awarded to you by a legal authority.

Here’s how it works:

  • You continue paying your rent while dealing with an issue (like a lack of repairs).
  • You file an application with your tenancy board (e.g., the Landlord and Tenant Board in Ontario, the Residential Tenancy Branch in BC).
  • You present your evidence at a hearing.
  • If you win, an adjudicator issues a legally binding order. This order might grant you a rent abatement, ordering the landlord to refund you a portion of past rent. The order might also state that you can pay a reduced amount of rent going forward until a specific repair is completed.

In this case, you are not illegally withholding rent. You are following a legal order.

2. You Have a Signed, Written Agreement with Your Landlord

Sometimes, you can negotiate a solution directly with your landlord. For example, if the dishwasher breaks and the landlord says it will take a month to replace it, you might both agree to a $50 rent reduction for that month as compensation.

If you reach such an agreement, you must get it in writing. An email or a signed note is sufficient. The written agreement should clearly state:

  • The reason for the rent reduction.
  • The exact amount of the reduction.
  • The specific month(s) it applies to.

Without a written record, a landlord could later claim you simply paid less than you owed and file for eviction. A verbal agreement is very difficult to prove.

3. The Emergency “Repair and Deduct” Situation

This is the riskiest and most misunderstood exception. Most provinces have rules that may allow a tenant to pay for an emergency repair and deduct the cost from their rent. However, the conditions are extremely strict.

To use this remedy, all of the following must generally be true:

  1. It must be a true emergency. This means the sudden loss of a vital service, like no heat in winter, a major flood from a burst pipe, or no electricity or water to the entire unit. A running toilet or a broken screen door is not an emergency.
  2. You must have made repeated, serious attempts to contact your landlord. You must be able to prove that you called, texted, and emailed your landlord about the emergency, and they were unreachable or refused to act.
  3. You must hire a qualified professional. You cannot do the work yourself or hire a friend.
  4. The cost must be reasonable. You can’t hire the most expensive 24/7 plumber in the city to fix a small leak. You must get a receipt for the work done.

If you meet all these criteria, you can provide a copy of the receipt to your landlord and deduct that exact amount from your next rent payment.

Warning: Landlords can still challenge this by filing for non-payment. They may argue it wasn’t a true emergency, that you didn’t try hard enough to contact them, or that the cost was unreasonable. This is a last-resort option for true emergencies only.

When Can I Withhold Rent in Canada

The Step-by-Step Guide to Solving Your Problem the Right Way

Instead of withholding rent, follow this proven legal process to get results.

  • Step 1: Informal Communication. Start with a polite phone call or email to your landlord. They may be unaware of the issue or simply have forgotten. Assume good faith at first.
  • Step 2: Formal Written Notice. If nothing happens, send a formal, dated letter or email. Clearly outline the problem and request a solution by a specific, reasonable date. State that if the issue is not resolved, you will be filing an application with the residential tenancy board.
  • Step 3: Document Everything. This is the most important step. Take pictures, save emails, log phone calls, and get statements from witnesses if possible. Your case will be won or lost based on the quality of your evidence.
  • Step 4: File an Application with Your Provincial Board. This is the ultimate step. Go to the website for your provincial board, fill out the correct forms, pay the application fee, and submit your evidence. This officially starts the legal process to resolve the dispute.

Provincial Tenancy Boards:

  • Ontario: Landlord and Tenant Board (LTB)
  • British Columbia: Residential Tenancy Branch (RTB)
  • Alberta: Residential Tenancy Dispute Resolution Service (RTDRS)
  • Quebec: Tribunal administratif du logement (TAL)
  • Manitoba: The Residential Tenancies Branch (RTB)

The Serious Consequences of Illegally Withholding Rent

If you ignore this advice and withhold rent anyway, here is what will likely happen:

  1. You’ll Receive an Eviction Notice. Your landlord will serve you a formal notice for non-payment of rent, giving you a short window to pay the full amount owed.
  2. An Eviction Application will be filed. If you don’t pay, the landlord will file an application with the tenancy board to evict you and collect the unpaid rent.
  3. Your Rental Record will be damaged. An eviction order is a public record. It can make it extremely difficult to find housing in the future, as many landlords will not rent to someone with a previous eviction. It can also negatively impact your credit score.
  4. You Will Likely Be Ordered to Pay. At the hearing, even if the adjudicator is sympathetic to your repair issues, they will almost certainly order you to pay the full amount of rent you withheld. If you can’t pay it all at once, you will be evicted.

Withholding rent in Ontario: Ontario tenants’ instructions

In Ontario, you cannot legally withhold rent on your own. The only way to get permission to pay less rent or to be compensated for a landlord’s failures is to get an official order from the Landlord and Tenant Board (LTB). This involves filing an application, presenting your evidence, and attending a hearing.

Here are the key forms and the process involved:

Step 1: Identify the Right Form for Your Issue

The LTB has different forms for different problems. You need to find the legal form that matches your situation. The two most common forms for tenants are:

Form T6: Tenant Application about Maintenance

  • When to Use It: The T6 form is your go-to for any physical problem with your rental unit or building that the landlord has failed to fix.
  • Common Issues for a T6:
    1. Broken heaters, air conditioners, or major appliances.
    2. Leaks, mold, or water damage.
    3. Pest infestations (mice, cockroaches, bed bugs).
    4. General disrepair of common areas (broken elevators, uncleaned hallways).
  • What You Can Ask For: On this form, you will describe the problems and tell the LTB what you want. You can ask the LTB to order your landlord to:
    1. Complete the necessary repairs.
    2. Pay you a rent abatement, which is a refund of a portion of the rent you paid while living with the problem.
    3. Let you hire a contractor to do the repairs and have the landlord pay for it.
  • Fill out the form T6 online with a guided wizard.

Form T2: Application about Tenant Rights

  • When to Use It: Form T2 is for non-physical issues where the landlord has violated your rights.
  • Common Issues for a T2:
    • The landlord is entering your unit illegally (without proper 24-hour written notice).
    • The landlord, their agent, or another tenant is harassing you, threatening you, or making an unreasonable amount of noise.
    • The landlord has shut off a vital service, like your water or electricity.
    • The landlord is trying to illegally evict you (e.g., by changing the locks).
  • What You Can Ask For: Similar to the T6, you can ask the LTB to order the landlord to stop the illegal behaviour and pay you a rent abatement for interfering with your “reasonable enjoyment” of the home.
  • Fill out the form T2 online with a guided wizard.

Step 2: The Application and Hearing Process

  • Download and Fill Out the Form: You can find these forms on the Landlord and Tenant Board’s official website. Fill them out completely and accurately. Be specific about dates and details.
  • Gather Your Evidence: This is the most important part of your application. Your evidence should include:
    • Copies of all letters, emails, and text messages you sent to your landlord.
    • Date-stamped photos and videos of the repair issues.
    • A log of all incidents, with dates and times.
    • Receipts for any related costs you’ve incurred.
  • Submit Your Application: You can usually file your application online, by mail, or in person at a ServiceOntario location. You will need to pay an application fee (currently around $50, but check the LTB website for the exact amount). If you have a low income, you can also fill out a form to request a fee waiver.
  • Wait for Your Hearing: After you file, the LTB will schedule a hearing and send you and your landlord a “Notice of Hearing.” This can take several months. You must continue to pay your rent in full during this waiting period.
  • Attend Your Hearing: At the hearing (often held by video or phone), an LTB member will listen to both sides and look at the evidence. They will then make a legally binding decision and issue an order. That order is the only thing that can give you the legal right to pay less rent or receive compensation.

Withholding rent in British Columbia: BC tenants’ instructions

In British Columbia, the process is managed by the Residential Tenancy Branch (RTB). Just like in Ontario, you must continue paying rent while you apply to the RTB for a legal resolution. Unilaterally withholding rent is illegal and will give your landlord grounds to evict you.

Here are the key forms and the process in BC:

Step 1: Identify the Right Form for Your Issue

The main form tenants use to resolve a problem in British Columbia is usually the Tenant’s Application for Dispute Resolution (Form RTB-12T). This single form is used for most tenant issues, but there are other forms as well, and you will also need to specify why you are filling the forms. The best way to avoid any hassle is to just answer a few questions and let our AI assistant find the right form for you.

  • When to Use It: This is the primary form for nearly all disputes where you want an order for your landlord to do something or to pay you compensation.
  • Common Issues for an RTB-12T:
    1. Repairs: The landlord has failed to make necessary repairs to your unit or the property. You can ask for an order for the repairs to be done and for monetary compensation (a rent reduction).
    2. Loss of Quiet Enjoyment: The landlord is harassing you, entering illegally, or failing to address significant noise disturbances.
    3. Emergency Repairs: If you already paid for an emergency repair because your landlord failed to, you can use this form to get an order for them to reimburse you.
    4. Return of a Security Deposit: This form is also used after you move out if your landlord has not returned your security or pet damage deposit.

When Can I Withhold Rent in Canada

Step 2: The Dispute Resolution Process

  • Fill Out the Application: Complete the Tenant’s Application for Dispute Resolution form, which is available on the Residential Tenancy Branch website. You will need to provide your landlord’s full name and service address.
  • Gather Your Evidence: Before you file, assemble all your proof. For a BC application, this is critical. Your evidence package should include:
    1. A copy of your tenancy agreement.
    2. Copies of all written communication with your landlord.
    3. Photos, videos, receipts, and any witness statements.
    4. A detailed timeline of events.
  • Submit Your Application and Pay the Fee: You can apply online or in person at an RTB office or Service BC Centre. The application fee is currently $100, but you can apply for a fee waiver if you have a low income.
  • Serve the Landlord: This is a legally required step. After you file, the RTB will give you a “Notice of Dispute Resolution Hearing Package.” You must give a complete copy of this package, including all your evidence, to your landlord within 3 days of receiving it from the RTB. You must serve it in a legally acceptable way (e.g., registered mail or in person). Failure to properly serve your landlord can get your case dismissed.
  • Participate in Your Hearing: Most RTB hearings are conducted over the phone via a conference call. An arbitrator will lead the hearing, allow both you and your landlord to present your case and evidence, and ask questions. Remember to keep paying your rent while you wait for your hearing date.
  • Receive a Decision: After the hearing, the arbitrator will make a decision and issue a legally binding order. If you are successful, that order may require the landlord to perform repairs and may grant you a monetary award. A monetary order can be deducted from future rent, but only after you have the official order in your hands.

Use the System Designed to Protect You

The frustration you feel with your landlord is valid. But in Canada, withholding rent is like using a hammer to fix a computer—it’s the wrong tool for the job and will only make things worse.

The legal system, while sometimes slow, is designed to protect you. By keeping meticulous records, communicating in writing, and using your provincial tenancy board, you are acting from a position of legal strength. You are holding your landlord accountable using the correct and most powerful tools available to you as a tenant.

Always remember: Pay your rent, and build your case. It is the only way to protect your rights without risking your home.

Frequently Asked Questions (FAQ) on Withholding Rent in Canada

Is withholding rent for repairs legal in Canada?

No. In every Canadian province and territory, unilaterally withholding rent for repairs is illegal. The law considers your obligation to pay rent and your landlord’s obligation to maintain the property as separate duties. If you stop paying rent because of a repair issue, your landlord has the legal right to start the eviction process for non-payment, and your repair complaint will not be a valid defense to stop the eviction.

So, how can a tenant withhold rent legally? Is it ever possible?

Yes, but it’s very rare, and you can never decide to do it on your own. The only way a tenant can withhold rent legally is by getting official permission before they stop paying. This permission comes in one of three forms:

  • A Direct Order: You receive a legally binding order from your provincial landlord and tenant board that specifically authorizes you to pay a lower rent or deduct an amount.
  • A Written Agreement: You and your landlord both sign a document or agree in an email that you can pay less rent for a specific reason and duration.
  • An Emergency “Repair and Deduct”: In a true, documented emergency (like a burst pipe), if your landlord is unreachable, you may be able to pay for the repair and deduct the exact cost from the next month’s rent. This is very risky and should only be a last resort.

What happens if I start withholding rent without one of those permissions?

Illegally withholding rent sets off a predictable and serious chain of events. Your landlord will serve you a formal eviction notice for non-payment of rent. This notice gives you a short period to pay the full amount you owe. If you don’t, your landlord will file for an eviction hearing. At the hearing, you will likely be ordered to pay all the back rent immediately, and if you can’t, an eviction order will be issued. This will damage your rental history and make it very difficult to find housing in the future.

Does a serious problem like no heat in winter justify withholding rent for repairs?

Even the most serious habitability issues, like a lack of heat or a major leak, do not legally justify withholding rent for repairs on your own. These situations are emergencies that require an urgent response, but the legal process is still your only safe option. You should continue paying rent while immediately filing an application with your province’s tenancy board. You can often request an expedited or emergency hearing and ask for a significant rent abatement (a financial award) for the hardship you’ve endured.

What is a “rent abatement” and how is it different from withholding rent?

A rent abatement is the legal and proper alternative to illegally withholding rent. Here’s the difference:

  • Withholding Rent: You decide on your own to stop paying. This is an illegal action that breaks your lease.
  • Rent Abatement: A tenancy board adjudicator listens to your case and awards you financial compensation for the problems you’ve lived with. It’s a retroactive discount on the rent you have already paid.

Essentially, an abatement is a legal remedy that gets you your money back without you ever having to break the law by not paying rent.

My landlord said I could just skip rent this month. Is that enough to withhold rent legally?

A verbal promise is not enough to withhold rent legally and safely. A landlord can forget, deny the conversation, or simply change their mind, leaving you with no proof. If your landlord agrees to a rent reduction or to you skipping a payment, you absolutely must get that promise in writing—either in a signed letter, a clear email, or a clear text message that you can save as evidence. Without written proof, it is your word against theirs.

Can I withhold just a small part of my rent instead of the whole amount?

No. Any unauthorized deduction from your rent, no matter how small or justified you feel it is, is legally considered non-payment. If your rent is $2,000 and you only pay $1,900 because of a minor issue, your landlord has the legal right to start the eviction process over the unpaid $100. There is no legal distinction for partial withholding of rent.

What should a landlord do if a tenant is withholding rent for repairs?

A landlord should always respond professionally and follow the legal process. First, inspect and, if valid, address the repair issue promptly, as this is your legal obligation. At the same time, you should serve the tenant with the official provincial form for non-payment of rent. This begins the formal legal process. Never engage in illegal retaliation like changing the locks, shutting off utilities, or harassing the tenant. The correct response to a tenant withholding rent is to use the legal eviction framework provided by your province.

References

Contents