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A unit in a 1990s apartment building rented for $1,700 a month until the tenant moved out after giving proper notice. The landlord client wants to rent it to a new tenant for $2,300 starting December 1, 2026. What applies?

Correct Answer

B) The landlord may charge $2,300, since a new tenant's lawful rent is the rent first charged

Section 113 makes the lawful rent for the first rental period of a new tenant the rent first charged to that tenant, so the landlord may set $2,300. The guideline limits increases during a tenancy (s. 120(1)), and ontario.ca confirms it does not apply to rental units on turnover, where landlord and new tenant agree on the rent.

Answer Options
A
Rent is capped at $1,735.70, the old rent plus the 2026 guideline of 2.1%
B
The landlord may charge $2,300, since a new tenant's lawful rent is the rent first charged
C
The landlord needs Landlord and Tenant Board approval for any rent above the old rent
D
Rent stays at $1,700 until the new tenant has been there 12 months

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Key Terms

vacancy decontrolsection 113lawful rentnew tenantturnover
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