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ARTICLE · 15 AUGUST 2023

AirBnB Unit Not Covered Under Residential Tenancy Law

Gardiner Roberts LLP
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A vacationer has a variety of accommodation options when travelling in a foreign destination. A vacationer might stay with family or friends or stay in a bed & breakfast, motel or hotel.

CanadaReal Estate and Construction
Stephen Thiele
Stephen Thiele
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A vacationer has a variety of accommodation options when travelling in a foreign destination. A vacationer might stay with family or friends or stay in a bed & breakfast, motel or hotel. Another option is to stay in a privately-owned, fully-furnished house or condominium that is marketed to the vacationing public. Usually, these properties are made available for short-term accommodations. One of the platforms that offers such accommodations is AirBnB.

Although one would suspect that such a rental is not subject to landlord and tenant laws, the Landlord and Tenant Board in Porter v. Ning, 2023 ONLTB 43064 (unreported) was required to grapple with this issue.

In this case, the landlord, advertised their property, the upper-level of a detached home, on AirBnB for several years. The property was fully-furnished and had received many nightly reservations during this period of time.

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