Landlord served N2 on May 8th, says it is effective on August 8. rent due date on 1st.
I live in a non rent controlled building. Landlord and realtor were attempting to have me sign a new lease with added utilities or they would sell. In negotiations, we stated our budget, and they did not get back to us. We were waiting for N2 so we could decide from there whether we would like to stay. Instead they listed unit for rent and said we needed to be out by June 30 as we dont agree to new lease. We disagreed. After repeated emails of us asking for proper notice, them asking us to make the unit available for viewings and then finally them asking us to sign an N11, which we explicitly said we are not obligated to sign, they finally gave us an N2.
The main thing right now: the N2 was given on May 8th, and says effective date is August 8th. This is 91 day notice. But, our rent is always due on 1st of the month. We replied saying that the effective date should be September, but Landlord replied saying no, and if we would like to stay we will need to pay pro-rated for that month, and if we would like to leave we would need to pay prorated into August as well.
For ending tenancy there are clear rules it must be per the tenancy agreement, and 60 day notice must be per rental period (rounds up to the next month). But there is no clear rule for this from landlord rent increase notice, I can’t find any hearings on this, and LTB hotline said they are unsure, that the guideline only states that rent increase must be given 90 days in advance of effective date, not when effective date can be given.
TLDR: Which is correct? That new rent increase starts on N2 effective date, or that effective date must fall into the regular rental date?