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A landlord client is leasing a unit in a building first occupied for residential purposes in 2022. She wants the tenant to know that future rent increases are not capped by the guideline, and to be able to prove the exemption if challenged. What should the salesperson recommend?

Correct Answer

C) Add an additional term in section 15 stating the exemption, and keep records such as permits that prove it

Ontario's guidance says a landlord can show a unit is exempt by including an additional term under section 15 of the standard lease stating the exemption and keeping records that prove it, such as permits and occupancy documents. Under s. 6.1(6) of the Act, the landlord bears the onus of proving the exemption in any Board application.

Answer Options
A
Replace the standard lease's mandatory rent wording with the landlord's own clause on future increases
B
Have the Landlord and Tenant Board register the unit as exempt before the tenant signs
C
Add an additional term in section 15 stating the exemption, and keep records such as permits that prove it
D
Tell the tenant verbally, since the exemption is automatic and no records are ever needed

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Key Terms

rent control exemptionadditional terms section 15burden of proofsection 6.1(6)
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