# Can I bring up my landlord's failure to fix things during my eviction hearing?

- Jurisdiction: Canada
- Practice area: Tenancy Law
- Published: 2026-10-25
- Last updated: 2026-10-25
- Canonical: https://lawasked.com/ca/tenancy-law/can-i-bring-up-my-landlord-s-failure

## Question

I am currently living in an apartment in Ontario and things have become very stressful. My landlord, who has been quite difficult to deal with for several months, recently served me with a notice saying they want to end my tenancy because they claim I owe $1,200 in unpaid rent from the last two months. I actually owe some of that, but part of the reason I fell behind on my pay cheque was because the heating system broke in November and the landlord refused to repair it despite my many emails. I have already tried talking to them directly and even sent a formal letter in December, but they just ignored me. Now, I have received notice of a hearing to discuss my eviction. I am worried that if I just show up, the person in charge will only care about the money I owe and won't listen to my complaints about the broken heat. If I want to bring up the issue of the repairs and the lack of maintenance during this specific hearing to defend myself, what do I actually need to do beforehand? Do I have to pay some of the rent money to the board or the landlord before the hearing even starts just to be allowed to speak about the repairs?

## Summary

Yes, you can bring up the broken heating system to defend yourself, but you must follow specific rules regarding advance notice and partial rent payments to be allowed to raise the issue.

## Analysis

Under Ontario law, you have the right to raise issues during an eviction hearing that could be the subject of your own application against the landlord [cite:ca-ontario-rta-2006-sec82]. This means you can bring up the landlord's failure to fix your heating system as a defense. However, the Board will only permit this if you meet specific requirements [cite:ca-ontario-rta-2006-sec82].

First, you must give the landlord advance notice of your intent to raise this issue [cite:ca-ontario-rta-2006-sec82]. This notice must be in writing and follow the specific timelines set out in the Board's Rules [cite:ca-ontario-rta-2006-sec82]. 

Second, you may be required to pay money before the hearing starts. The law states that "The tenant shall pay... Half of any rent arrears that were claimed in the application when it was filed" [cite:ca-ontario-rta-2006-sec82]. In your case, since the landlord is claiming $1,200 in unpaid rent, you would likely need to pay $600 to the landlord or the Board before the hearing to be allowed to speak about the repairs [cite:ca-ontario-rta-2006-sec82].

If you successfully raise the issue of the broken heat, the Board has significant power. They may refuse to grant the eviction if they find the landlord is in a "serious breach of the landlord’s responsibilities" [cite:ca-ontario-rta-2006-sec83]. Specifically, the Board "shall refuse to grant the application" if the landlord is in serious breach of maintenance standards [cite:ca-ontario-rta-2006-sec83]. The Board can also order the landlord to perform repairs or provide you with a rent abatement, which is a partial refund of rent due to the loss of services [cite:ca-ontario-rta-2006-sec30].

It is important to note that while you can raise these issues, the law does not guarantee that the Board will automatically cancel your debt or stop the eviction; it depends on how the Board weighs the landlord's failure to repair against your failure to pay rent.

## Statutory citations

- Residential Tenancies Act, 2006 (Ontario), S.O. 2006, c. 17, s. 82 - Tenant issues [in force] (https://www.ontario.ca/laws/statute/06r17#BK82)
  > the Board shall permit the tenant to raise any issue that could be the subject of an application made by the tenant under this Act if the tenant complies with the requirements set out in subsection (2)... The tenant shall pay... Half of any rent arrears that were claimed in the application when it was filed
- Residential Tenancies Act, 2006 (Ontario), S.O. 2006, c. 17, s. 83 - Power of Board, eviction [in force] (https://www.ontario.ca/laws/statute/06r17#BK83)
  > the Board shall refuse to grant the application where satisfied that... (a) the landlord is in serious breach of the landlord’s responsibilities under this Act

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