Insights · 21 Oct 2024

Illegal rent increases and rent control in Ontario

Ontario rent control lives in the Residential Tenancies Act. Most older homes can only go up by the provincial guideline, once every 12 months, with at least 90 days’ written notice on the LTB form.

The 2018 line

If the unit was first used as a home after 15 November 2018, the guideline cap does not apply. Proper notice still does. Miss the form or the 90 days and the increase does not stick, exemption or not.

What “illegal” looks like

Above-guideline with no LTB order. No written notice. A second increase inside 12 months. Asking for the new amount before the notice period ends.

Do not withhold rent

Pay the lawful amount. Fight the illegal extra at the Board. Do not dock rent for batteries or a repair unless the Act actually allows it — smoke-alarm batteries are usually the tenant’s.

The Ministry sets the guideline each year from CPI, usually in the summer for the next calendar year. Leaseopoly handles guideline and exemption files so the letter matches the Act. Book a call if a notice is on the table.

General information for the west Golden Horseshoe. Not legal advice.