Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Zeta Psi Elders Association v Kavanaugh, 2021 CanLII 129916 (ON LTB)
File Number: TSL-07660-19
Application Date
Jan 2019
Hearing Date
Aug 2019
Order Date
Sep 23, 2021
The tenancy is exempt from the Residential Tenancies Act because the predominant purpose of the tenancy is for the Tenant to operate a short-term rental business on Airbnb, rather than for residential purposes.
The Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 (the 'RTA') applies to the tenancy. The Tenant was renting a coach house from the Landlord, a university fraternity, and was using the unit for short-term Airbnb rentals, which was his only source of income.
Tenant argued that Airbnb rentals are a residential purpose, not a business purpose, because Airbnb customers reside in the premises.
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