Landlording Advice - Landlord Use of Property

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Advice for Landlords - Popular Subjects - 
 
Know the Rules:
Renting Process:
During Tenancy:
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Landlording Problems - Landlord Use of Property

 Related Legal Forms Provided by LawDepot.com
- Notice of Termination
Q: I actually have a couple questions.
1.We would like to give our tenants notice as we think we will be taking over the space for my husband's office. How much notice do we have to give? and if it turns out that we don't use the space, how long before we can start renting again.
2. Also, I noticed in one of the FAQs it said something about paying one months rent, when did this come into effect, as I certainly didn't get that from any landlords who gave me notice (cause they were selling, boy, wish I would've read this website back then, had no idea I had so many rights as a tenant).
3. Our other option is to increase the rent, how much of an increase can we ask for, they've been there 3 years with no increase.
A: The changes in the Act that you refer to came into effect on January 1, 2004.
Section 49 of the Act says that where the landlord intends to use the rental premises for his own use he must give the tenant 2 month's written notice. Form RTO 3 is the paperwork you would need to use if you decide to do this. Section 51 of the Act says that in these cases the landlord must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month's rent payable under the tenancy agreement.
If the landlord gives notice to end the tenancy for his own use of the property, but doesn't do so, he can be responsible for the tenants'expenses such as moving costs, difference in rent incurred in moving, hotel costs if applicable, and a number of other lesser known expenses. As you can gather, not doing what you said you would do gets very expensive in the landlord-tenant business.
Rent increases are governed by the Regulations and can only take place once a year in an amount determined by formula, which take into account the rate of inflation and a couple of other factors. Off the top of my head, 4% is about right, but I'd have to check, and so should you because if you do it wrong it will get tossed out in arbitration and you won't be able to try raising the rent again for another year.


 
 

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