Zeta Psi Elders Association v Kavanaugh

Landlord wins · Toronto · 2021-09-23

Adjudicator

Dale Whitmore

Dispute

Residential Tenancies Act Applicability

Landlord

Z.P.E.A.

Tenant

S.K.

Landlord rep

Steven Smith

Tenant rep

David Mandel

What happened

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.

The ruling

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.