When can a tenant deposit rent in court?
Last updated: October 15, 2026
Short answer
We found no rule that lets a tenant simply decide to pay rent into court. Rent goes to someone other than the landlord when a court, tenancy tribunal, director or officer orders it, or when the tenant applies and is allowed to, such as in Ontario on a repairs application or in Nova Scotia when no lease copy was given. In New Brunswick a tenant who was not given a lease copy may pay rent to a rental officer. Holding back rent without an order is risky and can lead to an eviction notice. If you have a problem with repairs or your deposit, apply to the tenancy body for your province instead.
When rent can be paid to someone other than the landlord
The table shows the routes we found. The payment goes through an order or an application, with one exception: in New Brunswick a tenant who was not given a copy of the lease may pay rent to a rental officer. Read can I withhold rent from my landlord before holding anything back.
| Province | Who can order or allow it | What the rules say |
|---|---|---|
| Alberta | The court, or the RTDRS | The court may direct a tenant to pay rent into court. The RTDRS may order compensation deducted from future rent. We found no scheme for paying rent into trust on the tenant's own initiative. |
| British Columbia | Residential Tenancy Branch arbitrator | An arbitrator can order rent paid to the director in trust for repairs, deducted for repairs, or reduced. |
| Manitoba | Residential Tenancies Branch | If a landlord ignores a repair order, the Branch can redirect rent to pay a contractor. Tenants should send money to the Branch only when asked. |
| Saskatchewan | Hearing officer, Office of Residential Tenancies | The officer can order the tenant to pay all or part of the rent to the director to fix the landlord's breach. |
| Ontario | Landlord and Tenant Board | On a tenant application (T6) about maintenance, the tenant can ask to pay rent into the Board. Rent paid in is not a default. |
| New Brunswick | Rental officer | After a written complaint and an investigation, the officer may require rent to be paid to the officer, who pays for the work and forwards the balance. Rent may also be paid to the officer if the landlord has not given a copy of the lease. |
| Nova Scotia | The Director of Residential Tenancies | The Director can order rent paid in trust. A tenant can also apply to pay rent in trust until a lease copy and the Act are given. |
| Prince Edward Island | The Director of Residential Tenancy | The Director can order the tenant to pay rent to the Director, reduce rent, or authorize an offset. |
| Newfoundland and Labrador | The Residential Tenancies Office director | The director can order rent paid to the Office in trust until repairs are done. The tenant's rent must be paid up to date to apply. |
Why not to hold rent back on your own
The route in each province is to apply, not to withhold. Alberta says a tenant cannot withhold rent, with one exception: a landlord who has not given a signed copy of the lease. Saskatchewan tells tenants to apply to the Office of Residential Tenancies instead of withholding. The Ontario board's repairs guide says not to withhold any part of the rent, and in Prince Edward Island withholding can lead to a notice to end the tenancy for unpaid rent.
Some provinces do suspend or reduce rent in narrow cases: Manitoba if a government authority orders the tenant to vacate, and Saskatchewan and Newfoundland and Labrador if the landlord has not given a copy of the written agreement. See what to do if a landlord refuses repairs for the steps to take first.
Ontario changed one rule on September 21, 2026. For a landlord's application about unpaid rent filed on or after that date, a tenant who wants to raise other issues at the hearing must pay half of the arrears directly to the landlord at least 7 days before the hearing. It cannot be paid into the Board in trust.
Deposit claims and small claims court
People often search for small claims court when they mean a claim about a security deposit. Each province has its own route for deposit claims, so check your province's tenancy body first. In Alberta a tenant may apply to the RTDRS or the court. In Nova Scotia, an appeal of a Director's decision goes to Small Claims Court, filed within 10 days.
For a deposit the landlord is not returning, see what to do when a landlord won't return your deposit and when a tenant can sue a landlord.
Paying rent into court or trust in each province
Alberta
The Act lets the court direct a tenant to pay rent into court, and the RTDRS can order compensation deducted from future rent. A tenant cannot withhold rent, apart from the case where the landlord has not given a signed copy of the lease. We found no scheme for a tenant to pay rent into trust on their own initiative. The RTDRS cannot order repairs.
For repair problems, use the repair steps in the Alberta guide, and for claims choose between the RTDRS and the Alberta Court of Justice.
British Columbia
A Residential Tenancy Branch arbitrator can order rent paid to the director in trust until repairs are made, order an amount deducted from rent for repairs, or reduce rent. A tenant may also deduct for emergency repairs or after an illegal rent increase, in the situations the Act sets out.
Outside those cases, apply to the Branch rather than holding rent back.
Manitoba
Rent is suspended only if a government authority orders the tenant to vacate. If a landlord ignores a repair order, the Residential Tenancies Branch can redirect rent to the Branch to pay a contractor, and payment to the director counts as payment to the landlord. The Branch says tenants should send money to it only when asked.
Periodic compensation ordered in a tenant's favour may be set off against rent.
Saskatchewan
A hearing officer at the Office of Residential Tenancies can order the tenant to pay all or part of the rent to the director, to fix the landlord's breach. Government guidance says to apply to the Office instead of withholding rent. Rent is suspended if the landlord has not given a copy of the agreement.
A tenant appealing a writ of possession for unpaid rent, unpaid utilities or repeated late rent can deposit one month's rent with the director to obtain a certificate of payment.
Saskatchewan repairs and maintenance | Filing a complaint with the ORT
Ontario
On a tenant application about maintenance or other landlord breaches (T6), the tenant can ask the Landlord and Tenant Board to let them pay rent into the Board, and rent paid into the Board is not a default. Withholding rent without approval can lead to an eviction application, and the Board's guide says not to withhold any part of the rent.
For landlord applications about unpaid rent filed on or after September 21, 2026, a tenant raising other issues must pay half the arrears directly to the landlord at least 7 days before the hearing.
New Brunswick
After a written complaint and an investigation, the rental officer may require tenants to pay rent to the officer. The officer pays for the work and forwards the balance to the landlord, and no action lies against a tenant for non-payment of rent paid to the officer. Rent may also be paid to the officer when the landlord has not given a copy of the lease.
New Brunswick repairs and maintenance | Filing a complaint in New Brunswick
Nova Scotia
The Director can order rent paid in trust. A tenant can apply to pay rent in trust until the landlord gives a copy of the lease and the Act. Applications about the landlord's duties go to the Director on Form J.
A Director's decision can be appealed to Small Claims Court within 10 days.
Filing a complaint in Nova Scotia | Nova Scotia repairs and maintenance
Prince Edward Island
The Director can order the tenant to pay rent to the Director, reduce rent, or authorize an offset. For a failure to repair, a tenant applies on Form 2A and selects the repairs option. Withholding rent without an order can lead to a Form 4A notice.
An appeal goes to IRAC within 20 days, or within 7 days for an order to vacate for non-payment or cause.
Newfoundland and Labrador
The director at the Residential Tenancies Office can order rent paid to the Office in trust until repairs are done. To apply, the tenant's rent must be paid up to date. Rent is suspended if the landlord has not given a copy of the lease.
An appeal goes to the Supreme Court of Newfoundland and Labrador within 30 days after a copy of the director's order is provided, on a question of jurisdiction or law.
Newfoundland and Labrador repairs and maintenance | Filing a complaint in Newfoundland and Labrador
Related questions
Can a tenant pay rent into court?
Not on their own, as far as we found. In Alberta the court may direct a tenant to pay rent into court. Elsewhere the payment goes to a director, officer or board under an order or an application, such as the Landlord and Tenant Board in Ontario or the Residential Tenancies Office in Newfoundland and Labrador.
Can I withhold rent until my landlord makes repairs?
Generally no. Alberta says a tenant cannot withhold rent, Saskatchewan tells tenants to apply instead, and Ontario's board says not to withhold any part. Apply for an order for repairs, a rent reduction or payment in trust. See what to do if a landlord refuses repairs.
What happens if I stop paying rent because of a problem with the unit?
The landlord can serve a notice for unpaid rent and apply for an eviction. In Prince Edward Island, withholding can lead to a Form 4A notice. In Newfoundland and Labrador your rent must be up to date before you can apply for rent to be paid in trust. See can I withhold rent from my landlord.
Can the tribunal make my rent go to a repair contractor?
In some provinces, yes. British Columbia can order rent deducted or paid in trust for repairs, Manitoba can redirect rent to the Branch to pay a contractor, and New Brunswick's rental officer pays for the work and forwards the balance. The order must come first.
Is paying rent into the Landlord and Tenant Board a default in Ontario?
No. The Residential Tenancies Act says rent paid into the Board under the process for a tenant application is not a default. You must ask for it on the application and the Board decides.
Can I use small claims court for my security deposit?
Each province has its own route for deposit claims, so check your province's tenancy body first. In Alberta you may apply to the RTDRS or the court, and in Nova Scotia an appeal of a Director's decision goes to Small Claims Court. See what to do when a landlord won't return your deposit.
Is my rent suspended in any situation?
In narrow cases. Manitoba suspends rent if a government authority orders the tenant to vacate. Saskatchewan and Newfoundland and Labrador suspend rent while the landlord has not given a copy of the agreement. In Alberta the missing-lease exception (s.17(2)) is the one case the Act allows a tenant to withhold rent.
What is a certificate of payment in Saskatchewan?
A tenant who appeals a writ of possession for unpaid rent, unpaid utilities or repeated late rent must first deposit one month's rent with the director and file the certificate of payment. This is part of the appeal process and not a way to pay rent into trust over repairs.
Can a landlord also sue the tenant who withholds rent?
A landlord can apply to the tenancy body for unpaid rent. For more on suing and being sued, see when a tenant can sue a landlord and can a landlord sue for unpaid rent.
Government sources
- Alberta: Residential tenancy dispute resolution service overview
- Alberta: Common problems for landlords and tenants
- Alberta: Residential Tenancies Act
- Alberta: Residential Tenancy Dispute Resolution Service Regulation
- BC: Residential Tenancy Act
- Manitoba RTB: Repairs
- Manitoba: The Residential Tenancies Act
- Saskatchewan: Requesting repairs
- Saskatchewan: The Residential Tenancies Act, 2006
- Saskatchewan: The Residential Tenancies Regulations, 2007
- Ontario: Residential Tenancies Act, 2006
- Landlord and Tenant Board: Maintenance and repairs
- Landlord and Tenant Board: Legislative changes effective September 21, 2026
- New Brunswick: Residential Tenancies Act
- Nova Scotia: Residential Tenancies Act
- Nova Scotia: Application to the Director (Form J)
- PEI: Residential Tenancy Act
- PEI Rental Office: Rental appeals
- Newfoundland and Labrador: Residential Tenancies Act, 2018
- Newfoundland and Labrador: Policy on tenant request for repairs
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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