Tenants must understand that withholding rent is generally not allowed under the Residential Tenancies Act (RTA) in Ontario. Even if a landlord fails to meet their obligations, such as maintenance or repairs, tenants are still legally required to pay their rent. Withholding rent can lead to eviction proceedings initiated by the landlord.
Steps to Take if a Landlord Fails to Meet Their Obligations
If a landlord does not fulfill their responsibilities, tenants should follow these steps:
- Document the Issue: Keep records of all communications with the landlord regarding the issue. Take photos if the problem involves maintenance or repairs.
- Contact the Landlord: Notify the landlord in writing about the problem and request a resolution within a reasonable timeframe.
- File a Complaint with the Landlord and Tenant Board (LTB): If the landlord does not address the issue, tenants can file an application with the LTB for a hearing. The LTB can issue orders requiring the landlord to comply with their legal obligations.
Legal Precedent: Wexler v. Youssef
In Wexler v. Youssef, the Ontario Superior Court of Justice ruled that tenants cannot withhold rent, even when a landlord fails to comply with their obligations under the RTA. The court emphasized that a tenant’s only remedy for a landlord’s non-compliance is to file an application with the LTB for an order compelling the landlord to act.
This case highlights the importance of following legal procedures when dealing with issues such as rent disputes or landlord negligence. Tenants must not withhold rent but instead seek legal remedies through the proper channels, such as the LTB application process.
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