What if a landlord increases a tenant’s rent?

General Rule: A landlord must wait a year before raising a someone’s rent and has to give the tenant 90 days’ written notice before they can increase it. In most cases, landlords are not allowed to raise the rent beyond a “guideline” amount that is set by the government.

Exceptions: Rental units exempt from the guideline can be subject to rent increases of any amount after the end of the lease term. Some examples include:

• Those living in social housing or rent-geared-to-income housing
  • There are different protections in place for someone living in social housing or rent-geared-to-income housing. Rent-geared-to-income housing has its own rules about how much rent can be and how much notice is required before the rent can go up. This is usually based on family size and household income.
• Those living in a shared living arrangement with the landlord and/or the landlord’s family
• Those living in newer buildings, mobile home parks, or land lease communities occupied for residential purposes for the first time after November 15, 2018

Note: If your client’s unit is covered by the government guideline but the landlord still tries to increase their rent beyond that amount, the landlord can apply to the Landlord and Tenant Board to raise the rent. However, your client should have the opportunity to tell the Board that they are opposed to the increase and the Board could order that your client doesn’t need to pay it.

How You Can Help:

• If your client is concerned about a potential rent increase, point them to additional resources.
• If your client is unsure if their unit is covered by the rent increase guidelines, point them to additional resources.
• If your client believes their landlord is increasing their rent beyond the guideline amount, tell them that they can oppose this increase at the Landlord and Tenant Board and that they might not need to pay it.

If they want to oppose the increase, refer them to a legal clinic.