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Agreement to Increase the Rent above the Guideline

As a tenant, receiving an agreement to increase the rent above the guideline can be a stressful experience. However, it’s important to understand the reasons behind such an increase and your rights as a tenant.

Firstly, there are certain situations in which a landlord may apply for an increase above the guideline. For example, if there have been major capital expenditures on the property or if the landlord has incurred significant operating costs that exceed the amount covered by the guideline. In these cases, the landlord may apply to the Landlord and Tenant Board for approval to raise the rent above the guideline.

It’s important to note that the increase cannot be more than 3% per year above the guideline amount, and the landlord must provide a written notice at least 90 days before the proposed rent increase takes effect. The notice must include the amount of the increase, the reason for the increase, and the effective date.

As a tenant, you have the right to dispute the rent increase if you believe it’s unjustified. You can file an objection with the Landlord and Tenant Board within 30 days of receiving the notice. The Board will then review the application and hold a hearing to determine whether the increase is reasonable or not.

If the Board determines that the increase is not justified, it may order the landlord to reduce the amount of the increase or cancel it altogether. However, if the Board determines that the increase is justified, it will issue a written decision approving the increase.

It’s important to remember that any increase above the guideline is not automatic and must be approved by the Landlord and Tenant Board. As a tenant, it’s crucial to understand your rights and take action if you believe the increase is unjustified.

In conclusion, while an agreement to increase the rent above the guideline can be concerning, it’s important to understand the reasons behind the increase and your rights as a tenant. Always review the notice carefully and seek advice if you need it. If you believe the increase is unjustified, file an objection with the Landlord and Tenant Board within the appropriate time frame.

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