Can I refuse to pay rent?

If your landlord isn’t holding up his end of the rental agreement by maintaining the property, why should you hold up yours by paying rent? Scorpion Legal Protection explains why withholding or refusing to pay rent isn’t the best choice.

When you rent a property, you sign a rental agreement with the landlord or agent. It’s important that you go through this contract carefully and make sure you understand everything clearly, as it will be the basis for any disputes you need to resolve. If the landlord is not maintaining the property in “good and safe working order” (Rental Housing Act) as is his responsibility, then the first thing you should do is go back to your rental agreement. Sometimes, it will state exactly how this kind of issue must be resolved.

Why can’t tenants withhold rent?

When you signed the rental agreement with your landlord, you agreed to pay a specific rent amount. If you do not pay the landlord, even if he/she is not maintaining the property adequately, you are breaching (breaking) this contract. You cannot decide unilaterally (on your own) – and without the courts – to withhold rent or take a portion of the rent for repairs, no matter how justified you feel. If you do not have an order from the courts, and it is not in your rental contract, it is not legal. Your landlord could decide to take you to court for breach of contract, or demand full rental payment and then cancel your rental agreement due to you breaching the contract by not paying rent as you agreed to.

What can you do about your landlord not maintaining the property?

Go to the Rental Housing Tribunal for help. This is a free service that helps resolve issues between landlords and tenants.

We have a team of lawyers available to answer your legal questions every first Thursday of the month from 11:30 to 13:30 on the Scorpion Legal Protection Facebook page for free. Have your legal question answered on the spot at the Scorpion Live Q&A.

This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.