Know the limits and terms of increasing the rent
Recent housing legislation has brought important changes to how rents can be adjusted. The new measures aim to reduce tensions in the market and to protect the right to decent housing for all residents. Law No. 12/2023, published in the State Official Bulletin, outlines the special provisions that landlords must follow and sets clear expectations for rent increases. These updates help ensure more predictable, fair, and transparent rental transactions across Canada and the United States.
Know the limits and terms of increasing the rent
One notable improvement is the obligation for landlords to notify tenants in advance about any rent increase. This requirement is designed to prevent fraud and maintain transparency in leasing agreements. When a landlord fails to provide proper notice, the increase can be deemed illegal and may incur sanctions provided by law. Tenants gain a clearer sense of when and how much their rent can change, reducing the risk of surprise increases.
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It is important to emphasize that rent increase notices must be delivered at least one month before they take effect and at least a year before the contract signing date. This buffer helps both parties evaluate the new terms carefully and reach a mutual agreement before any changes occur.
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The Housing Law also establishes explicit limits on rent increases throughout the year. For contracts in force in 2023, a maximum increase of 2 percent was permitted. In 2024, the cap rose to 3 percent for all leases, regardless of the landlord’s size. These caps are designed to keep rent affordable and prevent sudden, destabilizing jumps in housing costs.
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If a landlord proposes an increase above the established limits, tenants retain the right to oppose it and to terminate the agreement to avoid the higher charge. The law thus protects tenant interests and ensures that excessive increases do not go unchecked, fostering more stable rental markets.
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In addition, the latest legislation introduces an extraordinary option for extending the tenancy at the end of the contract. This extension can last up to three years and preserves the same terms and conditions as the original lease, offering continuity for renters who want to stay on stable footing.
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With these measures, the Housing Code seeks to balance the relationship between landlords and tenants, promote price stability in rentals, and provide greater legal certainty for both sides of the agreement. The intent is to create clearer rules that minimize disputes and support a fair market for housing across regions in Canada and the United States.
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In summary, rent increases are now regulated by the new housing law, including defined limits and the legal consequences of non-compliance. It is essential for landlords and tenants to understand their rights and responsibilities to avoid conflicts and to foster a fair, transparent rental market for everyone involved.