Ontario Landlord Compliance · End a tenancy
Ontario 50% Arrears Rule for LTB Hearings: What Tenants Must Pay Before Raising Issues
An Ontario tenant served with an L1 application for unpaid rent used to be able to walk into the hearing and tell the adjudicator the heat had been broken for months. For applications filed on or after September 21, 2026, that tenant has to have paid the landlord half of the arrears at least 7 days before the hearing, or the Landlord and Tenant Board will not hear the complaint in that proceeding.
The short answer
- 1.For L1 applications filed on or after September 21, 2026, a tenant who wants to raise issues at an arrears hearing has to pay the landlord half of the rent arrears first.
- 2.The payment is due at least 7 days before the hearing and must go directly to the landlord. The Board has said it cannot be paid to the LTB in trust.
- 3.Separately, the tenant must give a description of every issue they want to raise at least 7 days before the hearing. The payment does not replace that notice.
- 4.The issues affected are maintenance and tenant-rights complaints, the kind a tenant would previously raise as a defence or set-off at the hearing.
- 5.The change comes from the Fighting Delays, Building Faster Act, 2025 (S.O. 2025, c. 14, Schedule 12), which amended sections 58 and 82 of the Residential Tenancies Act, and took effect September 21, 2026.
- 6.A tenant who cannot pay half is not left without remedies in general: separate tenant applications are reported to remain available, but they are not heard in the arrears hearing.
This covers
- · Ontario landlords and property managers who file L1 applications for unpaid rent
- · What a tenant must do before maintenance or tenant-rights issues can be considered at that hearing
- · The two 7-day deadlines, the payment method and the filing-date transition rule
- · Concerns raised about the rule, including those of the Ontario Human Rights Commission
Usually exempt
- · Applications filed before September 21, 2026, which the Board's update says are not caught by the rule
- · Separate tenant applications about maintenance or tenant rights, which are reported to remain outside this payment requirement but should be confirmed with the Board
- · Tenancies and applications outside the Residential Tenancies Act's coverage
1. Why the payment has to go to the landlord and not the Board
Tribunals Ontario's update says payment must be made directly to the landlord and that it cannot be paid to the LTB in trust. Tenants are told to keep proof of payment.
[Cite: Tribunals Ontario, "LTB Operational Update: Legislative Changes Effective September 21, 2026"]
For a landlord, this means the receipt trail starts outside the hearing room. A payment that arrives by e-transfer, cheque or cash is evidence the Board will look for, and it should be logged against the file the day it lands.
2. How the two 7-day deadlines fit together
A tenant has one deadline for the money and one for the paperwork. The payment has to be made at least 7 days before the hearing. The tenant also has to describe every issue they intend to raise at least 7 days before the hearing, and the Board's update stresses that the payment requirement is separate from that notice obligation.
[Cite: Tribunals Ontario, "LTB Operational Update: Legislative Changes Effective September 21, 2026"]
A tenant who meets one and misses the other has not met the rule. A landlord reviewing the file a week out can see quickly which of the two boxes, if either, has been ticked.
3. What counts as "half" of the arrears
The Board's update describes the requirement as paying "half of the rent arrears." Secondary reporting ties the 50% to the arrears claimed in the L1 application, not to the tenant's own calculation of what is owed. The sources reviewed do not publish the statutory wording of the threshold, so a landlord relying on a specific figure should check it against the current e-Laws text of the Act.
[Cite: Tribunals Ontario, "LTB Operational Update: Legislative Changes Effective September 21, 2026"; Tenon10, "Ontario's 50% Arrears Rule"]
If this reading is right, the number in the L1 application becomes the base for the tenant's payment, and an accurate arrears figure on the form matters more than it used to. An inflated claim hands the tenant an argument about what the 50% should be.
4. Which applications the rule covers
The rule applies to applications filed on or after September 21, 2026. A landlord whose L1 was filed before that date is not subject to it, and the tenant at that hearing is not bound by it.
[Cite: Tribunals Ontario, "LTB Operational Update: Legislative Changes Effective September 21, 2026"]
Legislative citations for the change are sections 58(1.1) and 82(2) of the Residential Tenancies Act, as amended by S.O. 2025, c. 14, Schedule 12. The Board's September 21, 2026 operational update confirms the in-force date.
5. What tenants can still do if they cannot pay
The rule governs what the Board hears in the arrears proceeding. Reporting on the change says tenants can still file a separate application about maintenance or tenant rights if they cannot meet the payment condition. Those applications have their own forms and timelines and do not move the arrears hearing.
[Cite: Now Toronto, "Ontario rental rules changing Sept. 21: What tenants should know"; Tenon10, "Ontario's 50% Arrears Rule"]
The consequence for a landlord is practical. An L1 can proceed to a decision without the tenant's complaints, but a separate application can follow. The two files may reach the Board at different times.
6. The Ontario Human Rights Commission's concerns
The Commission made a submission on May 1, 2026 on the regulatory proposal posted April 10, 2026, which set out the payment threshold and the timeframe. It recommended exceptions for Human Rights Code-related reasons and other extenuating circumstances, and noted that a payment barrier falls hardest on people with disabilities, Indigenous peoples, racialized people, lone parents, newcomers and people on public assistance.
[Cite: Ontario Human Rights Commission, "Submission on the regulatory proposal to set the timeframe and threshold for tenants to pay arrears to raise issues"]
The sources reviewed do not show whether the final rule includes the exceptions the Commission asked for. Treat the absence of a published exception as an open question and not as confirmation that none exists.
7. Where this sits in the larger package
The same Bill 60 package cut the N4 notice period for unpaid rent from 14 days to 7 days and shortened the Board's order-review window from 30 days to 15. Separately, the LTB made its Payment Agreement Form mandatory for repayment plans. The 50% rule is the part that changes what happens inside the hearing itself.
[Cite: Tribunals Ontario, "LTB Operational Update: Legislative Changes Effective September 21, 2026"; Tribunals Ontario, "LTB Operational Update: Legislative Changes at the Landlord and Tenant Board" (June 30, 2026)]
Read together, the changes shorten the time to a hearing and narrow what a tenant can raise once there. A landlord's file should be ready sooner and the figures on it should be right.
8. What property managers should do now
Check every L1 filed on or after September 21, 2026 for an accurate arrears total, since the 50% threshold appears to be measured against it. Set up a way to record any tenant payment received before a hearing, with the date, amount and method.
Diarize a review date 8 days before each hearing. That is the last day a tenant's payment and written list of issues could still arrive, and it is the day to decide whether the file is likely to proceed on arrears alone.
Reading this as a tenant?
If your landlord has filed an L1 for unpaid rent on or after September 21, 2026 and you want to raise problems like repairs or harassment at the hearing, pay your landlord half of the arrears at least 7 days before the hearing and give a written description of the issues by the same deadline. Pay the landlord directly, not the Board, and keep the receipt. If you cannot pay half, ask a tenant legal clinic about separate applications.
Sources and review
- 1.Fighting Delays, Building Faster Act, 2025, S.O. 2025, c. 14, Schedule 12 (Residential Tenancies Act, 2006, ss. 58(1.1) and 82(2)).
- 2.Tribunals Ontario, "LTB Operational Update: Legislative Changes at the Landlord and Tenant Board, Effective September 21, 2026."
- 3.Tribunals Ontario, "LTB Operational Update: Legislative Changes at the Landlord and Tenant Board," June 30, 2026.
- 4.Ontario Human Rights Commission, submission of May 1, 2026 on the regulatory proposal on the timeframe and threshold for tenants to pay arrears to raise issues.
- 5.Tenon10, "Ontario's 50% Arrears Rule: The New Price of Raising Issues at a Non-Payment Hearing."
- 6.Now Toronto, "Ontario rental rules changing Sept. 21: What tenants should know."
Substantive review means an editor re-checked each cited section against the current code, not that the page was re-saved. Corrections: compliance@platuni.com.
Frequently asked questions
What is Ontario's 50% arrears rule?
For L1 applications filed on or after September 21, 2026, a tenant must pay the landlord half of the rent arrears at least 7 days before the hearing to raise issues such as maintenance or tenant rights at that hearing.
Who do I pay, the landlord or the Board?
The landlord, directly. The Board's update says payment cannot be made to the LTB in trust.
Does the rule apply to applications filed before September 21, 2026?
No. It applies to applications filed on or after that date.
Do I still have to list my issues in writing?
Yes. A description of all the issues must be provided at least 7 days before the hearing, in addition to the payment.
Can I still raise repair problems if I cannot pay half?
Not at the arrears hearing. Reporting on the rule says a separate application about maintenance or tenant rights remains possible.
Is there an exception for human rights reasons?
The Ontario Human Rights Commission asked for one in its May 2026 submission. The sources reviewed do not confirm whether the final rule includes it.
