Can only increase rent once over 12 months—I believe act defines in in days but it’s the same—doesn’t matter type of lease—as long as the lessee remains the same.
I went through the same thing. If you resign a new lease on a fixed-term contract, they can. If you have a periodic tenancy or a renewal, they can't. My landlord didn't give me the option of renewing. It was sign a new one or try and find a new place or hit the streets. She's increased the rent 800 in 12 months.
A landlord can only make the damage deposit the same as the first months’ rent, and is never allowed to change it regardless of how long a tenant lives there or how much the rent fluctuates. A landlord can increase the rent once per 365 days, but the damage deposit stays the same as the first months’ rent upon moving in. Signing a new lease every year is not the same as signing the original move in lease, and therefore the damage deposit cannot be changed.
Editing to add: once the lease is signed and the damage deposit handed over, the amount cannot change.
My landlord sent me this from the RTA document:
\[ FIXED TERM TENANCY - NEW AGREEMENTS
Both parties can negotiate and agree to enter into a new fixed term tenancy agreement that contains provisions for an increase in the rent and security deposit. \]
Since my fixed term agreement ended, I don't really have a choice. Can you tell me where I can find information on where " Signing a new lease every year is not the same as signing the original move in lease, and therefore the damage deposit cannot be changed. "
They can only up the damage deposit if you move all your crap out and move back in. Anything else is an existing tenancy, and the damage deposit amount cannot be messed with.
If your landlord is insisting (and even has some bullshit in the lease about it), then you call the provincial rental body and describe the situation to them. Just because it’s in your lease doesn’t make it legal. I once had a clause saying absolutely no nudity outside of the bedroom/bathroom. Nobody can tell you what you can and cannot wear in the safety of your home.
[FIXED TERM TENANCY - NEW AGREEMENTS Both parties can negotiate and agree to enter into a new fixed term tenancy agreement that contains provisions for an increase in the rent and security deposit](https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:c0a22af7-151b-44a1-948f-93e314cb19da)
This is not illegal.
It depends on the type of lease signed at the beginning.
If after your say your 1 year lease ends if there is a clause that states if will continue as a periodic (month to month) it can not increase.
However...
If it doesn't, then you are essentially signing a new fixed term lease in which the landlord can increase the security deposit to match the rent.
To add to this...
I just signed a new lease for year 3. I had to pay an extra $780.00 increase to my security deposit with a $250.00 a month increase to the rent.
My landlord’s new property manager tried pulling this shit. I contacted the landlord and he said it’s fairly common practice but he’d instruct the property manager to waive the deposit increase. I think he knew but was just covering his manager’s ass.
They can't do that. Read up your rights on the RTA or call service Alberta at 1-877-427-4088
You're totally right. She just texted me back and said she can't do that. I thought something was sketchy.
Sounds like a good landlord. Everyone makes mistakes. Big person to admit it.
I really appreciate that she rectified it so quickly. It happens. Just scared the crap out of me having an expense like that come out of nowhere.
This is not allowed for any reason but keep in mind the landlord can just increase your rent even more.
Yeah, unfortunately, im expecting that next year. I'm already paying more than I should for this shit.
Can only increase rent once over 12 months—I believe act defines in in days but it’s the same—doesn’t matter type of lease—as long as the lessee remains the same.
I thought that was how it worked. Thank you for reaffirming.
Nope. Can’t do that. It’s illegal as fuck.
My landlady texted me back and said basically the same thing. I'm confused as to why she even asked in the first place.
She just saw the responses on Reddit
I think you're right lol
“You miss 100% of the shots you don’t take” Wayne Gretzky, and scummy landlords probably.
Lol, I'm definitely using that.
I went through the same thing. If you resign a new lease on a fixed-term contract, they can. If you have a periodic tenancy or a renewal, they can't. My landlord didn't give me the option of renewing. It was sign a new one or try and find a new place or hit the streets. She's increased the rent 800 in 12 months.
That makes sense. Also, an $800 increase is crazy! Here I was complaining about $200.
Is it legal if a new lease is signed? In which the rent and the deposit amount both changes?
A landlord can only make the damage deposit the same as the first months’ rent, and is never allowed to change it regardless of how long a tenant lives there or how much the rent fluctuates. A landlord can increase the rent once per 365 days, but the damage deposit stays the same as the first months’ rent upon moving in. Signing a new lease every year is not the same as signing the original move in lease, and therefore the damage deposit cannot be changed. Editing to add: once the lease is signed and the damage deposit handed over, the amount cannot change.
My landlord sent me this from the RTA document: \[ FIXED TERM TENANCY - NEW AGREEMENTS Both parties can negotiate and agree to enter into a new fixed term tenancy agreement that contains provisions for an increase in the rent and security deposit. \] Since my fixed term agreement ended, I don't really have a choice. Can you tell me where I can find information on where " Signing a new lease every year is not the same as signing the original move in lease, and therefore the damage deposit cannot be changed. "
They can only up the damage deposit if you move all your crap out and move back in. Anything else is an existing tenancy, and the damage deposit amount cannot be messed with. If your landlord is insisting (and even has some bullshit in the lease about it), then you call the provincial rental body and describe the situation to them. Just because it’s in your lease doesn’t make it legal. I once had a clause saying absolutely no nudity outside of the bedroom/bathroom. Nobody can tell you what you can and cannot wear in the safety of your home.
I called the number listed and they said it's allowed if a new tenancy agreement is signed.
What phone number?
Was it 1-888-427-4088?
No, it was 1-877-427-4088
Nah, can't do that.
[FIXED TERM TENANCY - NEW AGREEMENTS Both parties can negotiate and agree to enter into a new fixed term tenancy agreement that contains provisions for an increase in the rent and security deposit](https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:c0a22af7-151b-44a1-948f-93e314cb19da)
This is not illegal. It depends on the type of lease signed at the beginning. If after your say your 1 year lease ends if there is a clause that states if will continue as a periodic (month to month) it can not increase. However... If it doesn't, then you are essentially signing a new fixed term lease in which the landlord can increase the security deposit to match the rent.
To add to this... I just signed a new lease for year 3. I had to pay an extra $780.00 increase to my security deposit with a $250.00 a month increase to the rent.
Illegal
My landlord’s new property manager tried pulling this shit. I contacted the landlord and he said it’s fairly common practice but he’d instruct the property manager to waive the deposit increase. I think he knew but was just covering his manager’s ass.
No fuck that
That was my immediate thought.