A landlord may only increase rent as provided for in your lease and must give written notice. During a fixed-term lease, rent cannot be increased unless the lease allows it.
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Direct Answer
A landlord cannot increase your rent during a fixed-term lease unless the lease expressly allows for it. On a month-to-month lease, reasonable written notice must be given (usually one calendar month). A rent increase that is not in accordance with the lease or that does not comply with the notice period is unenforceable.
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“A lease must set out the amount of rental payable and any provision for rental escalation. A landlord may not demand rent in excess of what is specified or provided for in the lease.”
Consumer Protection Act 68 of 2008
Section 14
“A fixed-term lease may not be unilaterally amended during its term. The supplier (landlord) must give 20 business days written notice of proposed material changes, including rent escalation not already provided for.”
What to Do
Step-by-Step Guide
1Check your lease. Does it include an escalation clause? If it says "rent increases by 10% annually", that clause is enforceable. If there is no escalation clause, no increase can be imposed during the fixed term.
2On a month-to-month lease, your landlord must give written notice of the increase equal to the rental payment cycle (typically one calendar month in advance).
3If the increase is not in the lease or proper notice was not given, write to your landlord stating this and refusing to pay the increased amount.
4If the dispute cannot be resolved, refer it to the Rental Housing Tribunal (free) in your province.
What to Say
Exact Words to Use
“"My lease does not contain a rental escalation clause, and this increase is therefore not in accordance with the Rental Housing Act. I will continue to pay the agreed rental of R[X] until a lawful agreement is reached."”
Tone: In writing to landlord
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
Using an unreasonable rent increase as a device to force out a tenant without following the PIE Act eviction process is an unfair practice. You can refer such a dispute to the Rental Housing Tribunal, which can order the increase to be reversed.
What is a reasonable rent increase?
The Rental Housing Act does not cap rent increases, but the Consumer Protection Act protects against unconscionable increases. An increase far above CPI inflation with no market justification may be challengeable. Rental Housing Tribunals look at what is fair in the circumstances.
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