Does a tenant have to pay half the arrears to raise issues at an LTB hearing?
Short answer: Yes, if the landlord's application was filed on or after September 21, 2026. To raise other issues at a hearing about unpaid rent, such as maintenance problems, the tenant must pay the landlord at least half of the rent arrears claimed in the application at least 7 days before the hearing. The payment goes to the landlord directly, not to the LTB.
What the rule says
- Which hearings. Hearings about a landlord's application for non-payment of rent (the L1, L9 or L10), where the landlord filed on or after September 21, 2026.
- Which issues. The LTB calls them "Section 82 issues": anything the tenant could have raised in their own application, for example maintenance problems or harassment by the landlord.
- How much. At least half of the rent arrears claimed in the landlord's application.
- When. At least 7 days before the hearing, the same deadline as the tenant's written description of the issues and their evidence.
- Who gets it. The landlord, directly. It can't be paid to the LTB in trust, and the LTB tells tenants to keep a receipt.
- If it isn't paid. The LTB says the tenant will not be permitted to raise those issues at the hearing. These requirements can't be waived except where the Human Rights Code requires it.
A worked example
A landlord files an L1 on October 5, 2026 claiming $2,400 in arrears. The hearing is on Thursday, January 14, 2027. If the tenant wants to raise a repair problem at that hearing, they must give the landlord and the LTB a written description of the issue and their evidence, and pay the landlord at least $1,200, at least 7 days before the hearing. Counting back 7 days from the hearing gives Thursday, January 7, 2027. The LTB pages don't spell out how to count those 7 days, so the safe reading for both sides is that everything should be done by January 7 or earlier.
What this means for you as the landlord
- Give a receipt for every payment, including this one. If the tenant pays you the half, a dated receipt that states the amount is the simplest proof for both of you. Our free rent receipt template works for this.
- Keep your ledger current. The amount that matters is the arrears claimed in your application, so your rent ledger and the application should match.
- Answer the tenant's evidence on time. If the tenant gives you a description of their issues and evidence, you must give the tenant and the LTB your responding documents and evidence at least 5 days before the hearing.
- The hearing still goes ahead. The adjudicator deals with your claim for rent and any issues the tenant is allowed to raise in a single decision. If the tenant proves their issues, the order can include a rent abatement or an order to do repairs.
- Applications filed before September 21, 2026 fall under the old rules, which didn't require the half-arrears payment.
Before you file, your N4 has to be right too: see the N4 7-day rule guide or the free N4 date calculator. The free September 2026 changes checklist lists this rule next to the other September changes, and the $19 toolkit includes a rent and expense tracker and an LTB evidence pack.
Official sources
- Tribunals Ontario: Legislative changes at the LTB effective September 21, 2026
- LTB brochure: Issues a Tenant Can Raise at a Hearing about a Landlord's Application for Non-Payment of Rent (updated Sept 21, 2026)
- LTB forms
Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 23, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.