Ben  Sage

Ben Sage

Broker

RE/MAX a-b REALTY LTD. BROKERAGE

Mobile:
519-532-1295
Office:
(519) 536-7535 ext. 487
Email Me

Landlord's Legal Corner - Raising the Rent

Rent Increases

Subject to a few exceptions, a tenant’s rent can only be increased 12 months after the date of the last rent increase or the date a tenant first moves in.  A tenant must be given written notice of a rent increase at least 90 days before it takes effect.

Accordingly, rent can only be increased annually and up to a maximum percentage of the existing rent. The maximum percentage of increase is referred to as the Rent Increase Guideline and is set by the Ministry each year calculated using the Ontario Consumer Price Index (which is based on inflation and economic conditions).  The current Rent Increase Guideline percentage for 2019 is 1.8%.  An increase in excess of this amount would be deemed illegal and the tenant would likely be entitled to reimbursement of the overpayment if it were ever challenged in the future.

Although the percentage increase may seem relatively small, it is important that the increase always be calculated and applied each year.  Failure to apply the permitted increase will most certainly result in the tenant paying below market rent at some point in the future.  It should be noted that a Landlord cannot retroactively apply the percentage increases from previous years as rent increases are limited to once in a 12 month period and only to the applicable maximum percentage at that time.

Information provided by: 

Derek Truelove

Lawyer, Nesbitt Coulter

35 Perry Street                                                  183 Thames Street South

Woodstock Ontario                                            Ingersoll Ontario

N4S 3C4                                                           N5C 2T6

Tel 519-539-1234 ext 243                                    519-485-5651

Fax 519-539-6832                                              519-485-6582

Have Questions?

reCAPTCHA