How do I know if my Ontario unit is rent-controlled?

If the unit was first occupied for residential purposes on or before November 15, 2018, it is rent-controlled (Form N1). If first occupied after that date, it is generally exempt (Form N2).

Who has to prove a unit is exempt from rent control in Ontario?

The landlord carries the burden of proving the exemption, so keep records of the unit's first-occupancy date.

Is my unit rent-controlled in Ontario?

One date decides it: November 15, 2018. Get this right and you know whether the guideline caps your rent — or whether you're exempt.

Updated October 2026 · Ontario Residential Tenancies Act, 2006

First occupied on or before Nov 15, 2018

Rent-controlled. Increases are capped by the guideline. Serve Form N1.

First occupied after Nov 15, 2018

Generally exempt. Any increase amount — but the 90-day and 12-month rules still apply. Serve Form N2.

What "first occupied" means

The test is the date the unit was first occupied for residential purposes — by anyone, not just your current tenant. A unit built and rented in 2019 is exempt even if your tenant moved in last year. A unit occupied in 2010 stays covered forever, no matter how many tenants come and go.

Examples

A 1970s triplex in Sudbury → covered. Guideline applies (N1).
A house bought in 2020 with a brand-new basement unit → the new unit is exempt (N2).
A purpose-built rental completed in 2021 → exempt (N2).
An older building with a unit added in 2019 → the added unit is generally exempt even though the building is old.

Who has to prove it

The landlord carries the burden of proving a unit is exempt. If you claim N2 and the tenant disputes it, the onus is on you to show the first-occupancy date. Keep your records — permits, occupancy, first lease.

What "exempt" does and doesn't mean

Exempt from the guideline is not exempt from everything. You still need to:

Serve at least 90 days before the increase.
Wait 12 months between increases.
Use Form N2 (not N1).

Common questions

Does rent control apply to condos in Ontario?

It depends on when the unit was first occupied for residential purposes — not on whether it's a condo. First occupied after Nov 15, 2018 → generally exempt.

If I renovate, does the unit become exempt?

Not automatically. Exemption turns on first occupancy after Nov 15, 2018, and on specific rules for additions and new units — not on a renovation. Get advice if it's a large project.

What form do I use if I'm not sure?

Use the rent-control test to sort N1 vs N2 — and confirm the unit's first-occupancy date, since it changes the answer.

General information — not legal advice. Tenant Trust is not a law firm and does not represent anyone at the Landlord and Tenant Board. Rules change — confirm current requirements on ontario.ca and the LTB before serving any notice.