Four months into a tenancy, a tenant asks to add a parking space in the building's lot, and the landlord agrees to provide it for an extra $90 a month. The rent has not been increased since the tenancy began. Can the rent go up now?
Correct Answer
A) Yes, by agreement at any time, without 90 days' notice or the 12-month wait
Section 123(1) lets a landlord increase the rent at any time if the landlord and tenant agree that the landlord will add a parking space, and s. 123(2) says this applies despite s. 116 (90 days' notice) and s. 119 (12-month rule). Under O. Reg. 516/06, s. 16(2), the increase may not exceed the landlord's actual cost or, if that cannot be established, a reasonable amount.
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