An Apartment is not a Hotel

Tenants who want to list their apartment on a home-sharing site like Airbnb need to get their landlord’s approval first, according to a recent ruling handed down by the RĂ©gie du logement. Quebec’s rental board reached the decision when it ruled on the case involving a Montreal tenant who rented out his downtown condo to tourists on Airbnb. The board ruled that tenants cannot rent out their apartment to tourists without getting the landlord’s approval first.

Similarly Manitoba’s Residential Tenancies Act has a provision requiring a tenant to obtain the landlords permission in order to sublet their apartment. Our leases also stipulate that a tenant cannot carry on a commercial activity in their apartment. The Quebec rental board ruled that the tenant was undertaking a commercial activity by renting out his apartment. The result is that his activities would have contravened the laws of Manitoba and his contract with his landlord had the property been located in Manitoba.

We are always open to a legitimate sublet. Please keep that in mind if your circumstances change.

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