Bhalla v Bryan - LTB Dismisses Tenant's Application
LTB dismisses tenant's application, finding the Residential Tenancies Act does not apply to this short-term rental arrangement
Summarized by RentZenLast updated: September 12, 2024
Case Summary
27 Broadview Ave, Mississauga, ON L5H2S8
Decision in favor of
neither
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2023
Order Date
Nov 27, 2023
Dispute Summary
The Tenant applied for an order determining that the Landlord altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
Determinations
- The parties disagree whether this was a residential tenancy subject to the Residential Tenancies Act, 2006
- The Tenant originally moved into the rental unit on November 6, 2022 as Airbnb guests of the Landlord and the rental was intended to be short term
- The parties entered into a short-term rental agreement for the period December 13, 2022 to March 12, 2023 with a rental fee of $6,300 to be paid in three installments
- Between December 13, 2022 and March 14, 2023, additional agreements were made between the parties to accommodate the Tenant's several requests for extensions until April 30, 2023
- The parties also entered into a separate agreement for the Tenant to stay in a different location because the unit had previously been booked by another guest on Airbnb for check in at 3 pm on April 30, 2023
- The Tenant did not check out of the unit on April 30, 2023, and was still in occupation of that unit as of the hearing date
Case Study
The key issue is whether the living accommodation was intended to be for a temporary period in a hotel, or vacation home and to that end, I must consider the intent and understanding of the parties when they entered into the agreement, and whether the nature of their agreement changed at some point during the Tenant's occupation. The parties each testified they intended to enter into a short-term accommodation arrangement through Airbnb. Text and email messages between the Tenant and Landlord confirm that the space was to be occupied for approximately two months. Fees were paid up front. The subsequent rental agreements were similarly drafted with specific booking periods with check in/checkout dates and times. I am satisfied that it would have been clear to the Tenant at the outset of the parties' relationship that she had contracted for a short-term furnished unit using a website designed specifically to allow parties to enter into such arrangements. The evidence does not establish that it was the intention of either party that the unit would be used by the Tenant ongoing as a long-term residence or full-time residential occupation.
Decision Summary
The Act does not apply to the living accommodation in question as it was intended to be for a temporary period in a hotel, or vacation home. Consequently, the Board does not have jurisdiction to hear the T2 application.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.