2015 Rent Increase Guideline


The Ontario government has announced that the annual Rent Increase Guideline, the maximum percentage by which a landlord can increase the rent for most sitting residential tenants without approval from the Landlord and Tenant Board, is 1.6 per cent for 2015. For more information, please visit the Ministry of Municipal Affairs and Housing website.  Click here.  

 

 IMPORTANT NOTICE PERIODS FOR NON-PAYMENT OF RENT

I strongly suggest that if the rent is due on the first day of the month, and your tenant has not paid on the first day of the month, you should serve your tenant with an N4 Notice on the second day of the month. This notice gives your tenant up to 14 - 19 more days to pay before you can file with the Landlord and Tenant Board for eviction. Once you file with the Board, your hearing date is likely to be at least 3 weeks away from the date you file your papers to schedule a hearing (sometimes over a month away).  The Landlord and Tenant Board will not give a landlord consideration for allowing the tenants more time to pay because the procedure through the Board allows a landlord to serve a notice of termination the day after the rent is due.

In Ontario the average eviction for non-payment of rent is 2 months from the termination notice to the sheriff. A landlord has the option at any time to allow the tenants more time to pay the outstanding rent even past the date of a hearing.  The Board often also allows the tenants more time to pay if the tenants have issues outside of personal control.

Do not count the day that you are serving the notice when you are calculating the termination date on the notice. For instance; for non-payment of rent you generally serve your tenant with 14 days notice. If rent is due on the first day of the month, I suggest serving an N4 Notice on the second day of the month.  If you are handing the document to the tenant, putting it in their mailbox, or under the door of their rental unit, your termination date would be the 16th day of the month. If you are mailing the N4 Notice you will have to add 5 more days to the termination date.  

You can access the N4 Notice on the Landlord and Tenant Boards website here:  N4 Notice for Non-Payment of Rent

If you do not want to evict your tenants and you just want an order for your tenants to pay, then you can go straight to the application process through the Board with an L9 Application.  You won't get termination of the tenancy, but you will have an order for the arrears that you can enforce through the Small Claims Court if you so choose.  This is the ideal application if your tenants are already vacating your unit and you don't have the time to wait the 15 days with the N4 Notice.

You can access the L9 Application on the Boards website here:  L9 Application for arrears only

PLEASE NOTE: The tenants have to be in possession of the rental unit in order for you to make an application to the Landlord and Tenant Board.  If your tenants have already vacated your rental unit, then you will have to pursue them in Small Claims Court.

For more information, contact a local legal professional to understand your rights and obligations.  You may also wish to contact the Landlord and Tenant Board at 1-888-332-3234.  Remember though that the Board cannot provide you with legal advice.



24 Hour Written Notice Form 
Notice of Intent to Enter.pdf Notice of Intent to Enter.pdf
Size : 15.688 Kb
Type : pdf

Please note that Homestead Paralegal will not be representing you in any matter until you have viewed and signed a retainer agreement for services.  Information provided on this site is not intended to be legal advice.

 

Make a free website with Yola