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ARTICLE · 03 MARCH 2021

Landlord Protection Against Frequent, Short-Term Sublets

As platforms such as Airbnb become ever more popular, tenants will increasingly seek to sublet their units on a frequent, short-term basis – potentially to even turn a profit.

CanadaReal Estate and Construction

As platforms such as Airbnb become ever more popular, tenants will increasingly seek to sublet their units on a frequent, short-term basis – potentially to even turn a profit. Although in principle sublets benefit both landlords and tenants, the unfortunate reality is that if used improperly they can create a major problem for landlords. For example, if tenants seek to repeatedly sublet their unit to various individuals, it can result in:

  • security concerns;
  • health risks, such as leading to the spread of COVID-19;
  • additional wear and tear on the unit and building; and
  • excessive administrative work.

The difficulty is that tenants have an automatic right to sublet their unit pursuant to the Residential Tenancies Act. A landlord may only deny a tenant's request to sublet a unit if the denial is reasonable and not arbitrary in the circumstances. More specifically, s. 9B of the Act  states:

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