In an update to a Speakers Corner story City News first shared with you last year, a couple from Richmond Hill, who host on Airbnb, are feeling relieved after receiving an eviction order for a guest who stopped paying and wouldn’t leave.
The couple, who requested to remain anonymous back in November, had been working hard to remove the guest after they checked in last May and quickly stopped making payments through the Airbnb platform.
The guest had arranged for a one-year, long-term stay via the online rental service, agreeing to allow Airbnb to take their payment each month for staying in a basement apartment.
After three months, the credit card on file kept getting declined, and despite efforts from Airbnb to help resolve things for the couple, the guest refused to leave.
Although the couple signed a non-disclosure agreement with Airbnb and couldn’t discuss specifics of their situation, Landlord Tenant Board (LTB) hearing documents obtained by City News revealed that the guest was ordered to either pay what they owed or face eviction by a set date.
They failed to comply and were evicted in mid-January. According to LTB records, they owed $12,000 in unpaid rent.
As previously reported, stays booked through Airbnb usually aren’t covered by the LTB; however, this case had an interesting twist. The hosts required guests to sign a residential tenancy agreement (standard lease) along with their booking through Airbnb.
The couple normally only allowed short-term rentals but sought extra protection given this particular guest’s extended stay.
The ongoing question is whether having that additional lease helped or hindered their ability to get rid of the non-paying guests.
“I definitely think it delayed this case,” said paralegal Teri Landriault, who helps landlords but wasn’t involved in this couple’s matter.
She mentioned that while having a lease did assist them in securing an eviction order eventually, it also allowed more time for the guest to remain there.
“When you have a case with LTB, it’s not always quick. I believe if these landlords had relied solely on the Airbnb contract instead of adding another lease agreement, they would have gotten rid of that tenant much faster. My understanding is that those cases typically state if you don’t pay, you don’t stay.”
However, Landriault warns that long-term stays can complicate matters regardless of whether they’re based on leases or online bookings.
“If you’re an Airbnb host facing something similar, I’d recommend getting legal advice,” she said. “Personally speaking, I’d steer clear of long-term stays as vacation rentals since it can blur lines between renting and tenancy rights.”
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A Richmond Hill couple says an Airbnb guest refuses to leave their townhome. Keep it Factual
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