Landlord/tenant rights, dealing with problems, where to get help...
Illegal Rent Increase
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jess Posts: 1
Posted On: 9/23/2018
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I live in a basement apartment.
My landlord sent me a text early July saying that there will be an increase in rent effective August 1. I replied back to him that he must provide a 90 day written notice, I even sent him a government link with the guidelines.
When I didn't pay the increase in August, he replied back to me asking me when I am going to pay it, and that I already had a notice. I replied back to him again stating the guidelines. Not only he did not give a 90 day written notice, it was a 3 percent increase, more than the limit of 1.8 percent. I talked to him in August, and told him he must give a 90 day written notice.
Then just a couple of days ago, he sent me a text that I had the 3 month notice, and that I didn't get an increase in rent in 3 years since I moved in, and that I was right about the 1.8 percent increase limit. But the thing is that the only notice I recieved was back in July stating that the increase was effective August 1. He sent me another text stating the increase will take effect Oct 1, less than two weeks from now. He also said in his text this week that a text is a valid notice.
Actually, I don't have any text indicating rent increase of Oct. 1. The Act states that a notice form must be one approved by the Board, and sent him a link to the Board website with the increase form. What are my options here? Is my landlord in violation of the Act? Do I have to pay the increase? Can I file a complained with the Board?
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Moderator Moderator Posts: 4075
Posted On: 9/24/2018
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in finding out what your rights are in this situation.
According to the Steps to Justice website,
Your landlord must give you a written notice at least 90 days before your rent goes up. For example, if your landlord wants to raise your rent on June 1, they must give you a written Notice of Rent Increase no later than March 2.
This notice should be on a Form N1 or N2 from the Landlord and Tenant Board. If your landlord does not use the Board's form, the notice might still be legal if it includes all the information that is on the Board's form.
It is best that you contact the nearest Community Legal Clinic for some advice regarding your situation and what your rights are.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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