Housing Law Flashcards
How do rent increases work?
How much can your landlord charge for rent?
What are the notice requirements for raising rent?
How often can rent be raised and by how much?
Landlords can usually charge any amount of rent when you
first move in. Whatever you and the landlord agree on.
After you move in, your landlord must wait at least 12 months before raising your rent. And any increases after that must also be 12 months apart.
In most cases, your landlord can only raise your rent by a
percentage called the guideline. The guideline is set by the provincial government every year. For the year 2023, the
guideline is 2.5%.
When do the provincial guidelines apply?
The guideline amount does not apply to:
● a building or new addition that had no one living in it
on or before November 15, 2018
● a self-contained apartment created after November 15,
2018, in a house that contained no more than two units
on or before that date, if:
● the owner lived in the house at the time the
apartment was first lived in, or
● the apartment was created in previously unfinished
space
In these units, the landlord can normally increase the rent by
any amount they choose. But the 12-month and 90-day rules
still apply
Even when the guidline applies can landlords increase rent more then the guideline?
Can my landlord increase my rent above the
guideline?
Your landlord can apply to the LTB for permission to raise the rent by more than the guideline. Your landlord still must wait 12 months between increases and give 90 days’ written notice. This kind of rent increase is sometimes called an above guideline increase or AGI.
The LTB will have a hearing to decide.
The LTB can allow an increase of up to 3% above the guideline for up to 3 years in a row for the cost of security services or for capital expenses.
Capital expenses are major repairs, renovations, replacements, or additions that will last at least 5 years and are not part of normal ongoing maintenance.
The LTB can also allow any amount of rent increase if there are very large increases in municipal taxes and charges.
What if I think that I paid an illegal rent increase?
You can apply the LTB to get your money back at
tribunalsontario.ca/ltb. You must apply within one year of the date that your landlord first charged you the illegal rent.
Rentals not protected by the RTA also aren’t subject to the rules of rent increases. What are some common examples?
But some rental housing is not protected by the RTA. For example, you might not be protected if you live in seasonal housing, rent from another tenant, or you must share a kitchen or bathroom with your landlord or their close family members.
If you are not protected by the RTA, your landlord can raise your rent as much as they want and whenever they want, unless your rental agreement says they cannot.
What steps can you take if your landlord refuses to let you assign the unit?
If your landlord refuses There might be steps you can take.
Your landlord can refuse to let you assign to a particular person if there is a good reason. For example, if the person caused problems for a landlord in the past, such as damaging property or not paying rent.
If your landlord won’t let you assign at all or does not give you an answer within 7 days, you can move out with 30 days’ notice.
To do this, give your landlord a Tenant’s Notice to End the Tenancy (Form N9) no later than 30 days after you asked for permission to assign. In this situation, the usual rules about the timing of your notice do not apply. You can choose any termination date, as long as it is at least 30 days after the day you give your landlord the notice.
What is assignment? And what are your responsibilities after it is assigned?
Another legal way to move out early is to assign your place to a new tenant.
Assigning means that the new tenant replaces you and takes over your rental agreement. The amount of rent and all other details of the agreement stay the same. You are not responsible if the new tenant causes damage or owes rent. But when you assign, you do not have the right to move back in later.
You must ask your landlord for permission to assign. It is best to ask in writing and keep a copy of your request. Your landlord must answer within 7 days.
If your landlord agrees to let you assign, they are allowed to charge you a fee. The fee can’t be more than your landlord had to spend on things like a credit check, and advertising if the landlord found the new tenant.
You might not have a right to assign if you live in
subsidized housing
a superintendent’s unit
housing provided by a school where you work or are a student
Reno-victions: What is required for a reno-viction?
How much notice is required and what form of notice?
50 (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to,
(a) demolish it;
(b) convert it to use for a purpose other than residential premises; or
(c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit. 2006, c. 17, s. 50 (1).
Can I fight the notice to move out?
Yes. The landlord cannot force you out or start the work unless they get an eviction order from the LTB.
Some reasons you might want to challenge the notice are:
* You do not believe your landlord is really going to do the
work they say they are planning.
* The work can be done without you moving out.
* Your landlord will not be able to get a building permit.
* The work does not require a building permit.
If your landlord says you have to
move out for this reason, they must give you at least 120 days’ notice on a Landlord and Tenant Board (LTB) Form N13.
What rights do you have if you recieved a notice of a reno-viction?
a) The landlord cannot force you out or start the work unless they get an eviction order from the LTB.
b) Right of first refusal: If you decide to move out or you are evicted by the Landlord and Tenant Board (LTB), you have the right to move back in once the work is finished. This is sometimes called the “right of first refusal”.
To have this right of first refusal, you must tell the landlord in writing before you move out that you want to move back in when the work is done. You must also give your landlord your new address in writing and any change of address after that. You should send these documents by registered mail and keep
a copy. You can only send these documents by email if your landlord has said in writing that you can communicate this way. Landlord in turn must notify the tenant of the expected day of completion
c) compensation - I’ve added to another slide. When the building has 5 residential units or more and: you want to move back in, your landlord must pay you
the rent for the time it takes to complete the work, up to
3 months.
If you: you do not want to move back in, your landlord must pay you 3 months’ rent or offer you another unit that is acceptable to you.
If the building has fewer than 5 residential units, the same rules apply but the most the landlord has to pay you is one month’s rent.
d) s. 53 (3) A tenant who exercises a right of first refusal may reoccupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant’s tenancy. 2006, c. 17, s. 53 (3).
What are my rights if my landlord does not let me
move back in?
You might be able to get more compensation by applying to the Landlord and Tenant Board (LTB). You must apply within two years after the day you moved out.
he LTB can order the landlord to pay:
* your moving costs
* “general compensation” up to the value of your last year
of rent
* the difference in rent for up to one year
* a fine to the government
And if the place has not yet been rented to someone else, the LTB can order your landlord to let you move back in.
If you are being evicted because a landlord, a family member or caregiver, or purchaser wants to move in - what form of notice is required and how much notice?
Form N12
at least 60 days
s. 48(1)
Who of the landlord or Purchasers family could require the unit and for how long for there to be an eviction?
48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,
(a) the landlord;
(b) the landlord’s spouse;
(c) a child or parent of the landlord or the landlord’s spouse; or
(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located. 2006, c. 17, s. 48 (1); 2017, c. 13, s. 7 (1); 2021, c. 4, Sched. 11, s. 31 (1).
What is a form N11?
A Form N11 is an agreement to end your tenancy. Your landlord can ask you to sign one but you should only sign if you want to.
It is a good idea to wait for your landlord to give you a Form N12 instead of signing a Form N11. If you sign the Form N11, you
might not get the compensation the law requires for Form N12 notices. And you might not be able to file a complaint with the LTB if the person never moves in.
For an eviction for a landlord, family or caregiver to move in, do you receive compensation?
Yes. The person who gave the notice must:
● pay you one month’s rent, or
● offer you another unit that is acceptable to you.
They must give you this compensation no later than the termination date on the form.
How much days notice if you owe rent?
14 days (but 7 days
if you pay your rent
weekly or daily)
How many days notice min if you often paid your rent late?
60 days (but
28 days if you pay
your rent weekly or
daily)
How much notice if you broke the
law or ran an
illegal business,
caused damage by
being careless, or
disturbed others?
● 20 days the first
time
● 14 days if it is the
second notice within
6 months
How much notice if you you seriously risked the safety of others in the building, or were making or selling an illegal
drug?
10 days