Can I pay my rent to the Board instead of my landlord while we are in a dispute?

The situation

I am a tenant living in an apartment in Ontario, and I am currently having a massive disagreement with my landlord regarding some repairs that haven't been done. Since the beginning of last month, the heating has been barely working, and there is a leak in the kitchen that is causing a lot of mould. I have sent several emails and even tried to hand-deliver a letter to the landlord's office on October 12th, but they are completely ignoring my requests to fix these issues. Because of the stress and the cost of the extra heating I have to use, I am struggling with my monthly budget. My rent is $1,850 per month, and I am worried that if I stop paying him directly, he will try to evict me for being behind on my payments. I heard that there might be a way to send my rent money to a neutral third party or an official office while the dispute is being sorted out so that I am not technically in default. If I start paying my monthly rent into the Board's account starting this November, will that protect me from being kicked out for non-payment while we wait for a hearing?

Detailed Analysis

In Ontario, you do not have the right to simply stop paying your landlord directly and send your $1,850 monthly rent to a neutral third party. Under the law, the Board has the power to manage how rent is paid during a dispute, but only if they decide it is appropriate.

The law states that "the Board may... permit a tenant who is making an application... to pay all or part of the rent for the tenant’s rental unit into the Board"^[1]. This means that the Board has the discretion (the power to make a choice) to allow you to pay into their account instead of to your landlord. If the Board does grant this permission, then "payment by a tenant... shall be deemed not to constitute a default in the payment of rent"^[1]. This protection means you would not be considered in 'default' (failing to meet your legal obligations) and would be protected from eviction for non-payment while the dispute is being handled.

Because you are dealing with issues like broken heating and mould, you may be able to apply to the Board for orders regarding these repairs. For example, the Board can "order the landlord to do specified repairs or replacements or other work within a specified time"^[2]. However, until the Board makes a specific order allowing you to pay them instead of your landlord, you are legally required to pay your landlord. If you start paying the Board this November without their express permission, you will likely be in default of your lease, which could lead to eviction proceedings.

State, provincial, or local laws may add further rules regarding tenant rights and maintenance standards.

Statutory Citations

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