We recently had a tenant contact our office to raise a very concerning issue. The tenant had read about the recent court decision that forced a tenant to pay his landlord’s delinquent tax bill to the CRA, the Canada Revenue Agency, and he was concerned that this rule could affect him.

Since his landlord was refusing to tell them if they were paying their taxes, the tenant contacted the CRA and asked them what he should do. The CRA told him to withhold 25% of his rent and pay it directly to the CRA.

Now, if a tenant doesn’t pay on time, the CRA’s website says they will pay interest and they may be fined. The tenant went back to the landlord with the bad news and the landlord said, “If you withhold your rent to pay this tax bill, I’m going to evict you for arrears.”

Okay, so this tenant is now caught between a rock and a hard place, between having the CRA go after him for someone else’s tax bill or risking eviction. And this renter isn’t alone. Every renter who is living in a property owned by a non-resident landlord could be in the same horrible predicament.

No tenant should have to risk eviction for paying their non-resident landlord’s delinquent tax bill. This is fundamentally unfair. In this incredibly expensive housing market, renters have it hard enough.

We are requesting the following measures to resolve this situation: The province should direct the Landlord and Tenant Board to deny any landlord’s application to evict a tenant if the tenant is withholding rent to pay the landlord’s own tax bill, and second, the CRA should work with the federal government to reverse this rule immediately and not force tenants to pay their landlord’s delinquent taxes ever.