Ontario's New 50% Rule: Raising Repair Issues at a Non-Payment Hearing Just Got Harder
If you are an Ontario tenant behind on rent, you have long had an important right: when your landlord takes you to the Landlord and Tenant Board (LTB) to evict you for non-payment, you can raise your own complaints at that same hearing — bad repairs, harassment, or other things the landlord failed to do. As of July 1, 2026, that right comes with a new price of admission. To have those issues heard, you must generally pay 50% of the rent arrears the landlord claimed first. This is one of the quieter but more consequential changes in Ontario's recent landlord-and-tenant reforms, and it deserves a plain-language explanation.
What "raising your own issues" means
Normally, if a tenant has a problem — say the heat has not worked for months, or the landlord has been entering without notice — the tenant would file their own application with the LTB. But the law lets a tenant raise those same matters as a kind of counter-claim at the landlord's non-payment hearing, without filing a separate application. This is often called raising section 82 issues, after the part of the Residential Tenancies Act, 2006 (RTA) that allows it.
It is a valuable tool. A serious repair problem can reduce what a tenant truly owes, and the Board can order rent abatements or repairs as part of the same decision. For a tenant facing eviction, it can be the difference between losing the unit and staying.
What changed on July 1, 2026
The change comes from Bill 60, the Fighting Delays, Building Faster Act, 2025, which received royal assent in late November 2025. Several of its amendments to the RTA came into force on July 1, 2026.
Under the new framework, a tenant who wants the Board to consider their section 82 issues at a non-payment hearing must first pay at least 50% of the arrears of rent claimed by the landlord in the application. The exact mechanics — including deadlines and whether money is paid to the landlord or into the Board — can be shaped by regulation, so the precise procedure is something to confirm with the LTB rather than assume.
for non-payment of rent] --> B[Hearing scheduled] B --> C{Tenant wants to raise
section 82 issues?} C -- "No" --> D[Hearing proceeds on
the arrears only] C -- "Yes" --> E{Paid 50% of the
arrears claimed?} E -- "Yes" --> F[Board can hear the
tenant's issues too] E -- "No" --> G[Section 82 issues may
not be heard at this hearing] G --> H[Tenant may still file a
separate T2/T6 application]
Why the government made the change
The province's stated goal is to cut the LTB's backlog and stop non-payment hearings from being derailed at the last minute. For years, some hearings were delayed when a tenant raised a long list of maintenance complaints for the first time on the hearing day — a practice critics called "trial by ambush." Requiring a 50% payment is meant to ensure that only tenants with a genuine stake, who are paying down what they owe, tie the two matters together.
Housing advocates see it differently. Their concern is that a tenant with a real, serious repair problem may also be the tenant least able to find half the arrears on short notice — and that tying the right to be heard to an up-front payment could shut out legitimate complaints. Both things can be true: the rule targets abuse, but it may also catch people acting in good faith.
What this means for tenants
- Your repair and harassment complaints have not disappeared. You can still
raise them — but at a non-payment hearing, you now generally need to pay 50% of the claimed arrears to have them considered there.
- You still have a separate route. If you cannot meet the 50% threshold, you
can file your own application (for example, a T2 for a tenant-rights issue or a T6 for maintenance) so your complaint is heard on its own track. It is a separate process, but the door is not closed.
- Documentation matters more than ever. Keep dated photos, texts, emails and
repair requests. Whether your issue is heard at the non-payment hearing or on its own, evidence is what wins it.
- Act early on arrears. Because the threshold is tied to the arrears
claimed, understanding exactly what the landlord says you owe — and what you can pay before the hearing — is now part of your strategy.
What this means for landlords
For landlords, the practical effect is a faster, more focused non-payment hearing. But the change does not erase your obligations: if repairs are genuinely outstanding, a tenant can still pursue them separately, and the Board can still order abatements and repairs. Keeping the unit in good repair and documenting your own communications remains the best protection.
Where to confirm the rules
- Bill 60, Fighting Delays, Building Faster Act, 2025 — full text and status:
- The Residential Tenancies Act, 2006 on Ontario's e-Laws:
ontario.ca/laws/statute/06r17.
- The Landlord and Tenant Board — forms, rules and hearing information:
Get in touch
Whether you are a tenant trying to be heard or a landlord trying to move a case forward, the new 50% rule changes how you should prepare for a non-payment hearing. If you are not sure whether to raise your issues at the hearing or file your own application — or how the payment threshold applies to your situation — JSR Legals can help you plan the right approach. Reach us at info@jsrlegals.ca.
This article is general information about Ontario law, current as of July 2026, and is not legal advice for any specific situation. Deadlines, rules and in-force dates can change — confirm the current requirements with the LTB or a licensed professional before you act.
Immigration & paralegal practitioner at JSR Immigration & Legals, helping newcomers and Ontario residents with their cases.
This post is general information about Canadian immigration and Ontario paralegal matters and is not legal advice. Rules change and every case is different — confirm current requirements for your own situation.