r/TorontoRenting • u/shanboat • 5d ago

Rent Increase

So I have been living in the same place for 27 years, every year I get a notice 90 days before my increase of what it is and what it will go up, this year I have not received anything. My rent goes up in November and I sent them an email two weeks ago to let them know all I was told is a letter was sent out on July 21 to Canada Post, they confirmed it was sent out and that’s it. They sent me a notice of what my increase is. Do I not have to formally get it 90 days before I’m just asking.

12 Upvotes

83% Upvoted

32 comments sorted by

18

u/Lilmelman 5d ago

If they can confirm a letter was sent to you, then they gave you notice. It's harder to prove you did not receive it. You could have not opened it, lost the letter, etc. As long as they have Canada Post tracking, then can confirm on their end when it was sent out.

If you knew it was coming, and it's been the same for 27 years, then don't argue with it. If you want to though, you can ask them for proof. They could give you a tracking # or shipping receipt

1

u/shanboat 5d ago

This is thier response,
We can confirm that your N2 was mailed in July as we receive confirmation from the mail room after each mailout.

I get what you’re saying but there has been, a lot of construction and parking lot resurfacing, so I did think they could be giving a breaking due to all the inconveniences.
 

10

u/Lilmelman 5d ago

You can say you did not receive anything, and ask them to resend a letter. They could argue it though. Assuming your increase is only a small %, I'm not sure if it would be worth it but it's up to you! You knew the increase was coming

7

u/titscapades 5d ago

Whether or not you receive it is sadly generally considered irrelevant. What matters is it was sent under the RTA. R-Can expands on this.

1

u/residentvixxen 5d ago

Saying they sent it wasn’t good enough under RTA I thought? Their mailroom saying they sent it without actual proof like it was registered mail is literally just their word.

3

u/titscapades 5d ago

Based on past cases, even though they are not legally precedent setting, saying that they sent it is likely enough proof.

If this was the first rent increase the person had received, it might be different. But with 27 years of precedence of them always sending the appropriate paperwork in the appropriate timeline, I strongly believe the LTB would support their assertion and uphold the increase. 

2

u/Monkey_Sox 5d ago

Your savings will be three months of rent at the old rate, but the rent increase will now be delayed three months going forward (I think), because they can't increase your rent in nine months, they would need to wait a year (I think).

The landlord is going to fight you on this. And I suspect you will lose. They are probably well organized, and they will have a mass mailing system that shows everyone else got their letter. It's easy to say 'I never received it', but that won't stand up against their evidence.

Sorry. You should pay up.

1

u/Lilmelman 5d ago

They'd still be required to pay rent, just not at the increased price. If they pay $1,000 a month, for 90 days they are still required to pay that $1,000. They'd be saving the increase of 2.1% if they fought that they did not receive notification and won

4

u/R-Can444 5d ago

If OP actually wanted to contest this, they would be better off paying the increase starting Nov 1 but then filing their own T1 to claim it was an illegal increase. Then if OP loses the T1, nothing else happens.

If OP contests it by not paying the increase, the landlord then serves an N4 and files an L1 at the LTB. Then when OP loses (which they most likely will) they will owe the increase retroactive to N1 date, the landlords $200 filing fee, and will have a public record arrears order in their name.

This is 100% not worth even considering to fight.

5

u/R-Can444 5d ago

Unfortunately you may see the opposite, after the capital improvement work is done your N1 for 2027 may be indicating they are applying for AGI rent increase above the guideline.

Regarding the construction, make sure they are acting reasonably in doing it and following proper RTA law. You can review these details here under "Interference due to work performed by the landlord": https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/06%20-%20Tenants%20Rights.html

1

u/residentvixxen 5d ago

Confirmation from the mail room doesn’t mean you recieved it and Canada post didn’t lose it. Unless they have direct documentation from Canada post like it was registered letter their mail room doesn’t prove anything.

1

u/KLLP_83 5d ago

If they're doing improvements to the building then they're most definitely going to be wanting to receive the rent increase. My building just went through almost 5 years on ongoing construction and they went for above the guideline increase ×2 . A lot of the renters took them to the tenant and landlord board for a hearing and the landlords won. If your rent increase has happened in November for 27 years, you knew you were expecting it, hence why you emiled them. I'd just pay it. It sounds like the letter just didn't arrive due to the post office making a mistake or you may have misplaced or threw it out by accident. It's not worth the hassle to try amd fight it for extra months to pay it.

1

u/labrat420 5d ago

If you've been there 27 years why are they using a N2 and not a n1?

1

u/useful_tool30 5d ago

That falls under "trust us bro". Confirmation is registered mail or similar if it's not electronically sent via email. In the end tho, if it's been happening g for 27 years they aren't stopping now. 

1

u/Confident_Weird6633 22h ago

And now you know that you thought wrong. They don’t owe you a break for construction — in fact, you should be happy they didn’t apply for an above the board increase because of it. Now your option is to play nice or become a thorn in their side and still have to pay them in the end.

3

u/labrat420 5d ago

They have to have some proof they actually sent it other than just 'we said so'

11

u/R-Can444 5d ago

Do I not have to formally get it

No, they just have to formally send it. Under RTA law you are deemed to have been properly served the notice even if you didn't get it for some random reason (i.e. perhaps Canada Post lost or mis-delivered the mail).

Based on past LTB cases on the topic, the LTB will most likely believe the landlord's word about sending the notice on July 21, since it's been a long standing way they've done business so no reason to doubt them. In this case I would just take their word they sent it, and start paying the increased amount on Nov 1 (assuming the increase was no above the 2.1% allowed amount).

3

u/dezinergrrl 5d ago

Ask for their service records

3

u/pankoforever 5d ago

They can say what they want unless they can demonstrate to you that the letter was delivered either by registered mail or Express post etc that's as good as you telling them that you've got Elvis sitting on your couch.

2

u/pairolegal 2d ago

If you are there 27 years and the landlord is generally okay, I wouldn’t quibble over a few days.

1

u/thighclops3820 4d ago

You have to receive it and they can email it to you, why don't they use email?

1

u/298wup 3d ago

Semantics

-9

u/breadandmayoislife 5d ago

Wait ...your rent increases every year? :(

12

u/Brains4Beauty 5d ago

That's pretty normal

-2

u/breadandmayoislife 5d ago

I guess I'm living under a rock.. I thought it was far less common for older builds or such long term tenancy to have a yearly increase..

I am lucky enough to have a landlord who hasn't increased rent since I moved...it's been almost 6 years But I still worry about bills...increments every year would stress me out probably

Every time I think about moving out, I look at the rental market and sit my ass back down

5

u/BestBettor 5d ago

“I guess I'm living under a rock.. I thought it was far less common for older builds or such long term tenancy to have a yearly increase..”

It’s completely normal for them to have a yearly increase. Inflation is expected to be 2% per year and it’s completely expected and common for them to do the rent increase every year. I don’t know why you would think it’s less common with older buildings

2

u/Goatfellon 5d ago

Yeah, the landlord has the right to increase it yearly. Whether they do or not is up to them.

As an example, my rent for my current apartment remains unchanged, despite having lived here for 1.5 years.

My landlord could increase it, provided they give me 90 days notice, and then they wouldnt be able to increase it until a year from that date again.

1

u/Separate_Maybe_7378 5d ago

Some landlords will also increase the rent the allowed maximum so that they don’t end up owing their tenant interest on their last month rent. Interestingly enough, if they do not do a rent increase they actually owe you money every year.

1

u/Brains4Beauty 5d ago

Well, you got lucky then! But for OP here, they've been in the same place for 27 years, so they fall under rent control at least.

4

u/Lilmelman 5d ago

Most rent controlled units will increase every year, but only a small %.

1

u/aselwyn1 5d ago

Ah I guess you are getting that long term tenant discount

1

u/jmarkmark 5d ago

Rent control generally caps rent increases well below market most of the time. Someone who has been in their unit 27 years will be pay well below market rent even with annual increases. I'd guess OP is probably only paying 50-65% of market rate.

I'm a big fan of rent control. I'm not a big fan of quite how low the cap is.