Z*** Psi Elders Association v Kavanaugh
Last updated: July 26, 2024
Order
Ordered by Dale Whitmore,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Agree with the ruling?
Citation: Z*** Psi Elders Association v Kavanaugh, 2021 CanLII 129916 (ON LTB)
File Number: TSL-07660-19
Timeline
Application Date
Jan 2019
Hearing Date
Aug 2019
Order Date
Sep 23, 2021
Decision
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.
Dispute
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.
Determinations
- Coach house is living accommodation
- Tenant's Airbnb activity is a business purpose
- Predominant purpose of tenancy is business, not residential
- Tenancy is exempt from RTA under s. 5(j)
- 2018 lease did not change nature of tenancy
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant argued that Airbnb rentals are a residential purpose, not a business purpose, because Airbnb customers reside in the premises.
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