What if I already paid an illegal charge or rent increase?
Question & AnswerWhat if I already paid an illegal charge or rent increase?
Important COVID-19 updates
Time limits: When figuring out the deadline to take a legal step, the time between March 16 and September 14, 2020 does not count. This is because of an emergency that stopped all time limits to start a case during that time. Find out how this could affect you.
Landlord and Tenant Board: The LTB is holding most hearings remotely, by phone, video, or in writing. In-person hearings are very rare. For more information, read the question: Are LTB hearings going ahead in the COVID-19 pandemic?
There are rules your landlord must follow if they want to raise your rent. A rent increase might be illegal if:
- your landlord gave you less than 90 days’ notice,
- the increase was less than 12 months after the previous increase, or
- the increase amount is more than the “guideline” allows.
There are also rules about what kind of deposits or other fees landlords are allowed to charge. For example, a damage or an air conditioner fee could be an illegal charge.
If you have paid an illegal rent increase or charge, you can try to get the landlord to give the money back to you. If the landlord won't return your money, you can apply to the . The Board can order your landlord to pay you back.
You must follow the right steps to get the Board to hear your case. And you'll have to show evidence to the Board to prove that you paid the money and that the charge or rent increase was illegal.
In most cases, you must apply to the Board within one year of when you first paid the illegal charge or illegal rent increase.
But you can still apply about a rent increase that happened more than a year ago if:
- the landlord didn't give you a proper 90-day , and
- you paid the illegal rent for less than 12 months.