The N10 Agreement to Increase the Rent Above the Guideline is the Landlord and Tenant Board form an Ontario landlord and tenant sign when the tenant agrees to pay more than the annual guideline in exchange for capital work or a new or additional service. The increase is capped at the guideline plus 3% (4.9% for increases taking effect in 2027). The tenant can cancel within five days, and the increase cannot take effect until at least six days after signing. A signed N10 replaces the N1 notice.
At a glance
| Who uses it | A landlord and tenant of a rent-controlled unit |
| When | When the landlord has done or will do capital work, or has provided or will provide a new or additional service |
| Notice period / deadline | No 90-day notice; effective no earlier than 6 days after signing; tenant may cancel within 5 days; 12-month rule applies |
| How it is served or filed | Signed by both sides; not filed with the LTB |
| Filing fee (if an application) | None. A tenant's T4 challenge costs $53 |
| Follow-on form | None. The tenant's remedy is a T4 if the work or service is not delivered |
What the N10 is for
RTA s. 121 lets a landlord and tenant agree to an increase above the guideline if the landlord:
- has carried out or undertakes to carry out a specified capital expenditure; or
- has provided or undertakes to provide a new or additional service.
The agreement must:
- be on the Board-approved form;
- state the new rent;
- state the tenant's right to cancel; and
- state the effective date.
The increase cannot exceed the guideline plus 3% of the previous lawful rent (s. 121(3)). With the 2027 guideline at 1.9%, the maximum for an increase taking effect in 2027 is 4.9%.
Because the agreement takes the place of a notice, s. 116's 90-day notice does not apply (s. 121(6)). If you served an N1 earlier for a date on or after the N10's effective date, that N1 becomes void when the N10 takes effect (s. 121(7)).
When to use it (and when not to)
Use the N10 for genuine, specific, tenant-facing value. The N10 instructions' own example is installing new kitchen cupboards. Other examples are new appliances, or a new service the tenant did not have before.
Do not use it:
- To add parking or a prescribed service that is simply added to the tenancy. RTA s. 123 allows that increase "as prescribed" at any time, outside the 12-month rule.
- For units exempt from rent control. Section 121 does not apply to units first occupied after November 15, 2018 under s. 6.1, or to the social and other housing in s. 7. The guideline does not cap those units anyway.
- For building-wide capital work you want to pass on to tenants who will not agree. That is an L5 above-guideline application to the LTB, which requires an N1 to each tenant.
- As a condition of a lease renewal. A tenant does not need to sign anything to continue the tenancy. An N10 must be a real bargain for work or a service.
Deadlines and limitation periods
- 12-month rule: the increase can take effect only if at least 12 months have passed since the tenant's last increase or since they moved in (RTA s. 119; form, item 2).
- 5-day cancellation: the tenant may cancel by written notice to the landlord within five days after signing (s. 121(4)).
- 6-day minimum: the agreement can come into force no earlier than six days after it is signed (s. 121(5)). The LTB cannot shorten either period (O. Reg. 516/06, s. 56).
- Tenant's challenge: if the work or service is not delivered, the tenant has two years after the increase takes effect to apply for relief (s. 122(2)).
How to fill out the N10, section by section
The current N10 is version 01/04/2022, two pages.
- Tenant's name and address. All tenants, with a mailing address if a tenant's differs from the unit.
- Landlord's name and address. All landlords, with a mailing address.
- Address of the Rental Unit. The full address, including the unit number and postal code.
- Your New Rent. - The effective date (dd/mm/yyyy), at least six days after the last signature and at least 12 months after the last increase. - The total new rent. - The period (month, week, etc.).
Calculate the rent from the current lawful rent. Example for 2027: $1,500.00 × (1.9% + 3%) = $73.50, so the maximum new rent is $1,573.50. 5. Details of the Work or New or Additional Service. Be specific. The instructions ask for: - a description of the work or service; - the item, with brand or model number if appropriate; - installation details; and - the date the work was or will be completed, or the service provided.
Attach extra sheets if needed. 6. Important Information (page 2). Leave as printed. It sets out the 5-day cancellation right, the 6-day rule, the 12-month rule, and the tenant's 2-year right to apply if the work is not done. 7. Landlord and Tenant Signatures. Each tenant and each landlord prints their first and last name and phone number, then signs and dates. By signing, the landlord agrees to do the work or provide the service. 8. Office Use Only: leave blank.
Serving it
The N10 is signed, not served. Give the tenant a signed copy right away, since their five days run from signing. Keep the original, the date each person signed, and proof the work was done or the service started: invoices, photos, delivery records. If no written cancellation arrives within five days, the increase takes effect on the date in the agreement.
Mistakes that get it refused, voided or dismissed
- Exceeding guideline plus 3%. Section 121(3) forbids it, so the excess is not lawful rent. Use the guideline for the year the increase takes effect.
- An effective date less than six days after signing. The agreement cannot come into force that early (s. 121(5)).
- Ignoring the 12-month rule. An N10 does not override s. 119.
- Vague or missing details ("upgrades", "improvements"). Without a specified capital expenditure or service, the agreement does not fit s. 121(1), and the tenant has a ready T4 argument.
- Not doing the work or providing the service. On a T4 (s. 122), the LTB can find some or all of the above-guideline part invalid from the day it took effect and order a rebate.
- Refusing to accept a cancellation given within five days, or pressuring the tenant not to cancel. Cancellation is the tenant's statutory right (s. 121(4)).
- Using the N10 for an exempt unit. Section 121 does not apply, so the agreement serves no purpose there.
What happens next
If the tenant does not cancel within five days, the new rent applies from the effective date. Your next increase must wait 12 months from that date.
If you do not complete the promised work or service, the tenant (or former tenant) can file a T4 within two years of the increase taking effect. The LTB can order the above-guideline part refunded.
Frequently asked questions
How much can an N10 increase the rent in 2027?
Up to the 2027 guideline of 1.9% plus 3%, so 4.9% of the previous lawful rent, for an increase taking effect in 2027.
Do I also need to give the tenant an N1?
No. A signed N10 takes the place of a notice of rent increase. An earlier N1 for a later date becomes void when the N10 takes effect.
Can the tenant change their mind?
Yes. The tenant can cancel by written notice within five days after signing. The agreement cannot take effect earlier than six days after signing.
What if the work is never done?
The tenant can apply to the LTB within two years after the increase took effect. The LTB can declare all or part of the above-guideline increase invalid and order a rebate.