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Common Tenant Problems - Rent

This section is for renters to discuss issues regarding Paying your Rent.

In addition to this forum there are some terrific information resources available on this topic:



If you are Having Trouble Paying Your Rent...

If you are having trouble paying your rent then you may be able to find help from the Toronto Rent Bank.  The rent bank provides interest-free loans to qualifying individuals.

Neighbourhood Information Post (NIP) also provides financial help to people in need.

The City of Toronto also has some applicable information here: Get Help Paying for Housing.


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Author Topic: Rent Increase  (Read 5686 times)

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raviranjanec10

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Rent Increase
« on: December 20, 2021, 04:42:08 pm »
Looking for Advice: I starting Renting in September 2018 with one year lease for 1800. In may 2019 My owner sent a heads for plan to sell the house and thereafter he sent N1(1.8%) for Rent increase comes out to 1832.He called me in September 2019 for Rent increase and to avoid moving out hassle I agree to pay 1900. I started paying Rent 1900 from September 2019 till today. Again in September 2021 he sent N1(1.2%) for 2022 and to pay Rent 1922 starting January 2022.Considering I am already paying 1900 which is more than cumulative Rent increase for last 3 years, I was suppose to pay 1832 for 2019 and 2.2% increase for 2020 and Rent freeze in 2021.what are my options and if my owner again put the unit for sale OR if my owner asked me evict, Kindly advise.
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Sandy

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Re: Rent Increase
« Reply #1 on: December 23, 2021, 08:33:43 am »
Unfortunately renters don't have much protection from their landlords if the their landlords choose to sell or evict them without cause.  The "Without Cause" refers to evictions where the landlord says that they are going to either renovate the unit ("renoviction"), or so that the landlord or a member of their family can move in.  In both cases, the tenant can't stay, but you might be able to squeeze a few months of rent out of your landlord (which won't help you find a new place with an affordable rent, as rents are up everywhere – you'll end up paying more per month for sure).

If you do receive an eviction notice for either of these purposes then you should definitely ask for advice, here or from the FMTA Tenant Hotline, and also probably from a lawyer.
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Richard

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Re: Rent Increase
« Reply #2 on: December 23, 2021, 08:37:29 am »

In addition to what Sandy says above, I think that in 2019 your rent increase was illegal, because you agreed to a new higher rent without your landlord providing a benefit to you (either a capital expenditure or new service).

Here’s the law:  https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec121subsec1

“121 (1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if,

(a)  the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or

(b)  the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase.”

Also, see: https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec134subsec1

“134 (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with respect to any rental unit, […]

(b)  require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord;”

However, because you kept paying the illegally high rent for more than one year, that is now your legal rent:

https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec135subsec1

“135 (1) A tenant or former tenant of a rental unit may apply to the Board for an order that the landlord, superintendent or agent of the landlord pay to the tenant any money the person collected or retained in contravention of this Act or the Tenant Protection Act, 1997.

[…]

135.1 (1) An increase in rent that would otherwise be void under subsection 116 (4) is deemed not to be void if the tenant has paid the increased rent in respect of each rental period for at least 12 consecutive months.”

Just so everyone knows, especially as a provincial election is coming next year, the provision in section 135.1 that makes illegal rent increases legal if the tenant hasn’t filed an official complaint within one year, was added to the law in 2020 by the Conservative Ford government.  This is yet another example of the sorts of things he has done solely to protect his rich landlord buddies at the expense of renters, in this case protecting criminal landlords who raise rents more than the legal amount!









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raviranjanec10

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Re: Rent Increase
« Reply #3 on: December 23, 2021, 12:11:33 pm »
Thank you for the detailed response.
In short now I have to pay the Revised Rent starting January 2022 as its legal(I have been paying illegal rent for more than 24 months and new law makes its legal post 12 months).
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