Monday, January 04, 2010

Anyone know the nitty-gritty of Ontario tenant law?

If my landlord does not give me a notice of rent increase, does that mean they can't increase my rent when my lease ends?

What I'm really asking: in previous years, I've gotten a notice of rent increase on Jan. 1 for a lease ending March 31. In previous years, there has been a large rent increase if I choose to go month to month, but a much smaller increase if I sign a new lease by the end of January (for a year-long lease starting April 1.) This year, I haven't gotten anything yet, so I'm starting to think about what I might do if I continue not to get anything.

On one hand, I'm thinking maybe I should say something so I don't lose my chance to renew at a lower rate. On the other hand, I'm thinking if I say something, they might go "Oh yeah, we forgot to increase her rent!"

My previous landlord did issue a notice of rent increase even when the rent increase was zero. I don't know if this is required.

6 comments:

Pau C. said...

I haven't rented for a while now, but it's my understanding that once you complete your first 12 month lease you automatically go "month-to-month". The City of Toronto has some good tenant resources, you should look there.

impudent strumpet said...

You do automatically go month-to-month. However, in past years my landlord has offered significant savings on the rent increase if you sign a new lease instead of going month-to-month. I don't want to miss this opportunity if it exists this year.

However, I'm also thinking there's the possibility that I could avoid having my rent increased at all by not saying anything. I'm trying to figure out strategy.

magnolia_2000 said...

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Paul C said...

I thought rent increases were controlled by the City/Province? It doesn't seem right to me that your landlord can jack up your rent increase if you don't sign a new lease.

impudent strumpet said...

Magnolia: I think you have my landlord mixed up with someone else. She's already been a citizen for several years.

Paul: Rent is controlled by provincial legislation, and the rent increase if I go month-to-month is within legal parameters. However, they present it as a reduced rent increase if you choose to sign another lease (as opposed to a higher rent increase if you don't.) So if I go month-to-month, I get a rent increase of n%, n being within legal parameters. However, if I sign another lease, I get a rent increase of only 0.3n%. Obviously I'd rather have the discount, but since it's a discount I'm not sure where I stand if I didn't get the paperwork.

jpg said...

Here you go: http://www.ontariotenants.ca/law/act07.phtml#RTA110

s. 116. Landlords must give 90 days' notice on rent increases unless they're commensurate with the start of a new rental agreement.

Not a professional, but I'd say don't mention it.