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Estimate how an above-guideline rent increase for capital expenditures phases in over time, given Ontario's cap of guideline + 3% per year.
Estimate only — not legal advice. An AGI requires an LTB order and is not self-executing.In Ontario, a landlord can only charge an above-guideline increase (AGI) if the Landlord and Tenant Board approves it. AGIs are allowed for eligible capital expenditures, extraordinary increases in municipal taxes, or new/increased security services. An AGI based on capital work is limited to 3% above the annual rent guideline per year and can be phased in over up to three years. A landlord cannot impose an AGI without an LTB order.
Major, non-recurring repairs or replacements — not routine maintenance — are the most common AGI ground.
Form L5 must be filed and approved before any above-guideline amount can be charged.
Large capital-expenditure increases are spread out, capped at an extra 3% per year on top of the guideline.
Tenants receive notice of an AGI application and can raise issues like maintenance history at the LTB hearing.
Free to use on your own website or blog — just copy the code below. Includes attribution back to Legal Solutions Law Firm.
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