1. Find out if you’re covered by the guideline
Question & Answer
Can my landlord increase the rent because of higher taxes?Most rental housing is covered by the guideline rule but there are some exceptions.
Subsidized housing
Most is not covered by the guideline. This includes rent-geared-to-income (RGI) housing. RGI housing has other rules about how much rent you have to pay and how much you get if your rent is going up. Your rent is usually based on your family size and income.
Housing created after November 15, 2018
The guideline does not cover some newer units. You are not covered if your rental unit is:
- in a building, mobile home park, or land community that was first occupied for residential purposes after November 15, 2018,
- in an addition to a building, mobile home park, or land lease community, and the addition was first occupied for residential purposes after November 15, 2018, or
- a self-contained unit created after November 15, 2018 in a house that contained no more than two residential units at any time up to November 15, 2018, and meets certain other conditions.
Housing that is not protected by the Residential Tenancies Act
You are not covered by any of the rent rules if you live in housing that is not protected by the Residential Tenancies Act.
For example, you might not be protected if you must share a kitchen or bathroom with the landlord or their close family members. Your landlord can raise your rent as much as they want and whenever they want, unless your rental agreement says they can't.
How to check if your home is covered by the guideline
If your landlord gives you a Notice of Rent Increase, check to see if it is on a Form N1 or Form N2. A Form N2 means your landlord believes you are not covered by the guideline. On the form, the landlord does not have to say why they think you are not covered. If you are not sure of the reason, you should ask the landlord.
If you are not sure that you are covered or that your landlord has used the right form, check with a lawyer or legal clinic. A lawyer or paralegal can also help you decide if it's a good idea to apply to the (LTB) to fight the larger rent increase.
If you are not covered by the guideline, you will have to pay the new rent unless you can get your landlord to agree to a lower amount.