2. Check the rules for that type of agreement
Question & AnswerCan I agree to a rent increase above the guideline?
If the improvement you are getting is not on the list, then these are the rules:
- The agreement must be in writing on a Form N10 from the .
- You can cancel the agreement if you tell your landlord in writing within 5 days after signing the agreement.
- The increase cannot start until the 6th day after you signed the agreement.
- The increase cannot be more than the guideline plus 3%.
- The increase cannot start until 12 months have passed since your last rent increase or since you first moved in.
If the improvement you are getting is on the list, then the rules are different:
- The agreement does not have to be in writing. But it is safer if you get it in writing.
- You do not have the right to cancel the agreement within 5 days.
- The increase can start right away or on any date you and your landlord agree on.
- The increase cannot be more than the landlord’s actual cost. But if there is no cost to the landlord, or the cost can’t be determined, the increase must be a “reasonable” amount.
- If you and your landlord later agree that your landlord will stop providing the service or item, your rent must go back down.
- The 12-month rule does not apply. It doesn’t matter if you had a rent increase less than 12 months ago. And your landlord does not have to wait another 12 months before raising your rent again.
With either type of agreement, your landlord does not have to give you 90 days’ written of the increase.