A common misconception in Ontario residential tenancies is that a fixed-term lease such as a two-year agreement locks the rent for the entire duration.
In reality, under the Residential Tenancies Act, 2006 (RTA), the answer is more nuanced:
- a fixed-term lease does not automatically prevent rent increases during the term.
Understanding when and how rent can legally increase is essential for both landlords and tenants to avoid disputes and ensure compliance with Ontario’s rental laws.
Fixed-Term Lease vs. Rent Control Rules
A fixed-term lease (e.g., 24 months) simply sets the length of the tenancy. It does not override the statutory rent increase framework under the RTA.
In Ontario, rent increases are governed by three key principles:
- At least 12 months must pass before any rent increase.
- Proper written notice (at least 90 days) must be provided.
- The increase must comply with the annual rent increase guideline, unless an exemption applies.
These rules apply regardless of whether the lease is month-to-month or a fixed-term agreement.
When a Landlord Can Increase Rent During a Two-Year Lease
Even within a fixed-term lease, a landlord may increase rent if:
- At least 12 months have passed since the tenancy began or the last increase, and
- The landlord provides proper 90-day written notice, and
- The increase is within the allowable guideline set by Ontario, unless the unit is exempt.
The enforcement and compliance of these rules fall under the authority of the Landlord and Tenant Board (LTB).
Example
- Lease start: July 1, 2026
- Term: 2 years (ends June 30, 2028)
- Monthly rent: $2,500
The landlord could lawfully increase rent effective July 1, 2027, provided notice was properly given and the increase complies with the guideline.
Rent Control Exemptions Matter
Not all rental units in Ontario are subject to annual rent increase limits.
Some units are exempt from rent control, including most residential units first occupied for residential purposes after November 15, 2018. In those cases, landlords may increase rent by any amount, provided:
- The 12-month rule is respected, and
- Proper notice is given.
This is one of the most significant distinctions tenants and landlords must understand when signing leases.
Can a Lease “Freeze” Rent for Two Years?
Yes—but only if it is clearly written into the lease.
If a lease explicitly states that:
“The rent shall remain at $2,500 per month for the entire two-year term”
then the landlord has contractually agreed not to increase the rent during that period. This type of clause is enforceable because it provides greater protection to the tenant than the minimum requirements of the RTA.
However, if the lease is silent or simply states the rent amount without expressly freezing it for the full term, the landlord may still rely on the statutory right to increase rent after 12 months.
Common Misunderstanding: “Fixed-Term Means Fixed Rent”
Many tenants assume that signing a long-term lease guarantees rent stability. In practice:
- Fixed-term = length of tenancy
- Rent control rules = separate statutory framework
The two operate independently unless the lease clearly overrides rent increases in favour of the tenant.
Considerations
For tenants:
- Do not assume rent is locked for the entire lease term unless explicitly stated.
- Review lease clauses carefully regarding rent adjustments.
- Understand whether your unit is rent-controlled or exempt.
For landlords:
- Ensure all rent increases comply with the 12-month rule and notice requirements.
- Use proper forms and documentation to avoid disputes.
- Be clear in lease drafting if rent is intended to remain fixed.
A two-year lease provides stability in terms of occupancy, but not automatically in terms of rent. Under Ontario’s Residential Tenancies Act, rent increases are permitted during a fixed term if the statutory requirements are met—unless the lease clearly states otherwise.
Clarity in drafting and a solid understanding of the rules administered by the Landlord and Tenant Board can prevent misunderstandings and reduce the risk of disputes later on.
Brian Madigan LL.B., Broker
