Quick Answer
Most Ontario rent increases are limited to the annual provincial guideline, can only happen once every twelve months, and require 90 days' written notice on the correct form. If a landlord raised your rent above the guideline without Board approval, too frequently, or without proper notice, you can file a Form T1 to recover the money you overpaid.
Recovering rent you overpaid when a landlord raised the rent above the guideline, too soon, or without proper notice.
For most tenants, rent can only be increased once in any twelve-month period, by no more than the guideline the province sets each year, and only after the landlord gives 90 days' written notice using the proper form. Increases above the guideline require Board approval through an AGI application. When a landlord ignores these rules — raising the rent too soon, by too much, or with no valid notice — the increase is not legal and the tenant has been overcharged.
The Board can order the landlord to repay the illegal portion of the rent the tenant paid and can address how the lawful rent going forward is calculated. The remedy puts the tenant back in the position they should have been in, recovering the overpayment within the limitation period.
Compare the increase against the guideline, the date of your last increase, and the notice you received. If the increase was unlawful, total the overpayments and file a T1 with the Board within one year of overpaying. At the hearing we show the rent history, the defective notice or excess amount, and ask for repayment.
The one-year limitation period runs from each overpayment, so older overcharges can fall out of reach — another reason to check an increase as soon as you receive notice. Note that some newer units first occupied after November 15, 2018 are exempt from the guideline, which we confirm before filing.
LTB matters turn on notices, service, and filing dates as much as the facts. Talk it through before a deadline passes — the first call is free, confidential, and without obligation.
