Can my Landlady increase the rent by $300? (British Columbia)?

I moved into an apartment with a friend a few months ago. He d been there since about 2015 and was paying $950 a month for rent.

He recently decided to move out, and when talking to the Landlady she told me the rent was going to be increasing $300, to $1250, because he was moving out and had been grandfathered in. Is this legal? I ve got a lot of people telling me it s sketchy and others saying it s flat out illegal.

If it is, is there a place I can contact about it?

Update:

For the record my name went onto the lease when I moved in at the start of March, I'm not filling anything out to keep the apartment just to get a new roommate. I just wanted to check if what she was doing is indeed legal, as I've had my parents and a few co-workers say she can only increase the rent a small amount per year, as someone else mentioned, about $150 over the duration.

9 Answers

Relevance
  • 1 year ago

    Your name WENT ON the lease in March. What you left out is WHEN DOES THE LEASE EXPIRE? You didn't enter into a new lease, you moved in partway into an existing one. If that lease is expiring, the landlord is free to change the terms of the lease. The first tenant may indeed be grandfathered for a lower rent upon renewal, but if he is moving out, he's done. You are not grandfathered.

    According to the BC government:

    'A rent increase for a tenant with a fixed-term agreement (lease), who is remaining in a rental unit, is limited to the maximum annual allowable amount and can only be increased once every 12 months. Rent can no longer be increased above that amount between tenancy agreements with the same tenant.'

    WITH THE SAME TENANT is the important part here.

  • 1 year ago

    Yes, it is legal.

  • Anonymous
    1 year ago

    He's grandfathered, not you, so yes she can

  • 1 year ago

    If you are on the lease with your friend, then she cannot legally do it until your lease is up. When the lease expires, she has a right to increase the rent to whatever "she" thinks reasonable. If you are not on the lease, then she has a right to do it. If you don't like it, give notice and move.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • How do you think about the answers? You can sign in to vote the answer.
  • 1 year ago

    http://tenantrights.ca/facts/british-columbia

    Also:

    https://www.kelownanow.com/watercooler/news/news/P...

    But it is a bit tricky, since there is a form of rent control in BC.

    If your friend was still on the lease, she might not be able to do it, although there can be a yearly increase each year. So there could have been an increase in 2016, 2017, 2018 and now in 2019

    5% a year would be reasonable (about $160 in total for those years), but if her expenses (utilities, rates, etc.) have gone up as well, she'd be entitled to pass those on as well, so $300 is not unreasonable for a new lease (to you, as tenant) -- $150 for natural increases due to cost of living expenses and $150 for increased expenses.

  • 1 year ago

    OBVIOUSLY the current lease is ENDING when the roommate moves out, so that lease does not apply. even if you are on the current lease and it has not expired, the fact that you are requesting a change allowed the landlord to increase the rent as a condition of modifying the lease.

    does BC/your city have rental control laws?

    the LEASE IS UP, even if it is not expired, when you request a modification, they landlord can deny that altogether and make current room stay on the lease or agree to change on on the landlords terms....and this landlord wants to raise the rent...

    assuming there is no rent control, it is legal.

    in the US, under some rent control laws, that only applies to current tenants staying as it (or to immediate family joining the lease).....in those city, when a new lease is written with a new tenant the regs are sometimes different.

  • 1 year ago

    Unless you are on a rental contract, why can't the rent increase?? If you're unhappy with this, move. Problem solved.

  • Never
    Lv 7
    1 year ago

    Not until the end of your lease...if you had a lease. Otherwise, yes, probably with 30 days notice. No need to contact anyone. You are free to leave.

  • Anonymous
    1 year ago

    By what theory do you think that a landlord cannot set the rent on their property ???? Some leases provide for future increases - some even specify maximum periodic increase - some say there can be no increase during intial term. Most times, the rent is increased when the lease in renewed or a new lease written - and if you don't like it, you move.

    I don't know your laws up there . . . in the US a landlord can't discriminate on the usual grounds (age, race, preference, religion, etc) . . . otherwise they're free to rent to whom they like, not to whom they dislike, charge you more or less because they do or don't like you, etc.

Still have questions? Get your answers by asking now.