Landlord/tenant rights, dealing with problems, where to get help...
Landlord pushing incorrect/illegal? rent increase
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BWV Posts: 1
Posted On: 9/27/2017
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On August 31 my landlord sent a notice of rent increase for December. I was writing my cheques out and noticed a glaring error. I contacted the landlord but they did not respond. Our building was built before 1991 and no additional changes were made over the past year.
The error is twofold: It states that our rent will go up 2.5%, even though the Ontario guidelines for 2018 give a %1.8 increase. It also gives an incorrect number of our current rent, listing it as $50 higher. As such our new rent is almost $100 more per month than it should be.
I contacted the landlord to correct the matter but I was wondering what my options would be if they don't respond in a timely fashion. I guess I have till December to work it out but it seems to me the document they submitted is full of errors and is blatantly fraudulent (especially as it checked the box saying that the rent increase fell inline with Ontario guidelines).
What steps can I take to ensure they file the appropriate documents? Who can I submit a complaint to if they refuse to amend the document? What rights do I have to address an unresponsive landlord?
Thanks, feeling very worried.
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Moderator Moderator Posts: 4142
Posted On: 9/28/2017
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
It is great that you are looking into what your rights are.
You can find some detailed information in our Settlement.Org How often can a landlord increase the rent? article.
Here is an excerpt,
How much can my landlord increase the rent?
Once you have moved into a unit, the landlord must follow a rent control guideline. The Ontario Ministry of Municipal Affairs and Housing sets this guideline every year. The guideline limits how much your landlord can increase your rent that year.
In 2017, the limit is 1.5%.
In 2018, the limit will be 1.8%.
The Landlord and Tenant Board (LTB) must approve any increases above this percentage. For example, the LTB might approve a higher increase if your landlord has made large repairs or installed a security system.
and
Is my building rent controlled?
Important Note: Under the new Rental Fairness Act, any rent increases given to tenants since April 20, 2017 must meet the annual rent increase guideline.
Buildings constructed after November 1, 1991 are no longer excluded from this rule. Read more about the recent changes to rental guidelines by the Ontario Ministry of Housing.
It is best that you contact the nearest Community Legal Clinic for some information and advice regarding your options and how to proceed.
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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