Notice of rent increase
7. (1) Except in cases where subsection 5 (3) applies, a landlord shall not increase the rent charged for a rental unit without first giving the tenant at least ninety days notice of the landlord’s intention to do so. 1992, c. 11, s. 7 (1); 1994, c. 2, s. 12 (1). Same, care home (1.1) If subsection 5 (3) applies, a landlord shall not increase the rent charged to a tenant of a rental unit in a care home without first giving the tenant at least ninety days notice of the landlord’s intention to do so. 1994, c. 2, s. 12 (2). Form of notice (2) Except in the case of a rental unit in a care home, a notice under subsection (1) shall be in the prescribed form and shall set out the landlord’s intention to increase the rent and the amount of the intended rent increase. Same (2.1) In the case of a rental unit in a care home, a notice under subsection (1) or (1.1) shall be in writing, shall set out the landlord’s intention to increase the rent and the amount of the intended increase and, if a form has been prescribed for the notice, shall be in the prescribed form. Same, transitional (2.2) For the purposes of subsection (2.1), the forms of notice prescribed in Ontario Regulation 415/92 shall be deemed not to apply to a rental unit in a care home unless the regulations made under this Act provide otherwise. 1994, c. 2, s. 12 (3). Additional information (3) If, at any time before the notice is given, an order has been made under this Act increasing the maximum rent for a rental unit by more than the guideline, the notice shall include information setting out the total cost for the residential complex for each of municipal taxes, heat, hydro and water for two consecutive years, as prescribed. Exception (4) Subsection (3) does not apply if the date of increase set out in the notice is before the day that is twelve months after the first effective date of the first order under this Act that increases the maximum rent for a rental unit in the residential complex by more than the guideline. Increase void without notice (5) An increase in rent is void if the landlord has not given the notice required by this section. 1992, c. 11, s. 7 (3-5). Notice unnecessary for new tenant (6) Subsections (1), (1.1), (2), (2.1), (3) and (4) do not apply to a rent increase that takes effect when a new tenant first occupies a rental unit under a new tenancy agreement. 1992, c. 11, s. 7 (6); 1994, c. 2, s. 12 (4). Deemed compliance (7) A notice of rent increase given in compliance with this Act, the Residential Rent Regulation Act or the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, shall be deemed to be and always to have been sufficient notice for the purposes of section 123 and subsection 129 (1) of the Landlord and Tenant Act. 1992, c. 11, s. 7 (7). Transitional, notice in care home (8) Subsections (1), (1.1), (2), (2.1), (3) and (4) do not apply to a rent increase for a rental unit in a care home if, (a) the residential complex in which the rental unit is located is a care home on November 23, 1993; (b) no order had been made as of November 23, 1993 finding that any rental unit in the residential complex in which the rental unit is located was subject to rent regulation under this Act or a predecessor of this Act; and (c) before November 23, 1993 the landlord has given a notice in writing of the increase in rent for the rental unit on or after that day. 1994, c. 2, s. 12 (5).