Rent Discounts (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1964
Page Categories:	[Payment of Rent (LTB)]
Citation:	Rent Discounts (LTB), CLNP 1964, <https://rvt.link/d1>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2024/09/18

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

111 (1) No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under this Part. 2006, c. 17, s. 111 (1).

(2) The lawful rent is not affected by a discount in rent at the beginning of, or during, a tenancy of up to 2 per cent of the rent that could otherwise be lawfully charged for a rental period if the discount is provided for paying rent on or before the date it is due and the discount meets the prescribed conditions. 2009, c. 33, Sched. 21, s. 11 (5).

(2.1) The lawful rent is not affected if one of the following discounts is provided:

1. A discount in rent at the beginning of, or during, a tenancy that consists of up to three months rent in any 12-month period if the discount is provided in the form of rent-free periods and meets the prescribed conditions.

2. A prescribed discount. 2009, c. 33, Sched. 21, s. 11 (5).

(2.2) For greater certainty, the lawful rent is not affected if discounts described in subsections (2) and (2.1) are both provided. 2009, c. 33, Sched. 21, s. 11 (5).

(3) Subject to subsections (2) and (2.1), where a landlord offers a discount in rent at the beginning of, or during, a tenancy, the lawful rent shall be calculated in accordance with the prescribed rules. 2006, c. 17, s. 111 (3); 2009, c. 33, Sched. 21, s. 11 (6).

O. Reg. 516/06: GENERAL

11. (1) The following discounts are prescribed for the purposes of paragraph 2 of subsection 111 (2.1) of the Act:

1. A discount provided for in a written agreement, if the total amount of the discount that is provided during the first eight months of the 12-month period does not exceed the rent for one month.

2. A discount provided for in a written agreement, if,

i. the total amount of the discount that is provided in the 12-month period does not exceed the rent for two months,

ii. the total amount of the discount that is provided in the first seven months of the 12-month period does not exceed the rent for one month, and

iii. any discount that is provided in the last five months of the 12-month period is provided in only one of those months and does not exceed the rent for one month.

3. A discount provided under a tenancy agreement that operates under the Strong Communities Housing Allowance Program — Toronto Pilot, if the landlord sets out the discounted rent and the undiscounted rent in the written tenancy agreement and in a written notice to the tenant accompanying any notice of rent increase given to the tenant under section 116 of the Act. O. Reg. 516/06, s. 11 (1); O. Reg. 256/10, s. 2.

(2) In this section,

“the 12-month period” means,

(a) the 12-month period following the commencement of the tenancy,

(b) the 12-month period following any rent increase taken after the 12-month period described in clause (a), other than a rent increase taken under section 123 of the Act, or

(c) where clauses (a) and (b) do not apply, the 12-month period following the most recent anniversary of a rent increase taken in accordance with section 116 of the Act or, where no rent increase has been taken in accordance with section 116 of the Act, the commencement of the tenancy. O. Reg. 516/06, s. 11 (2).