SB v AB BRI

Tenant wins · 2018-01-11

Dispute

Tenant Rights

Landlord

A.B.

Tenant

S.

Landlord rep

S B, J A

What happened

Tenant applied for a determination on whether the Residential Tenancies Act (RTA) applies to their living accommodation in a motel/resort property. The Landlord argued that the property falls under the exemption in subsection 5(a) of the RTA for temporary accommodations intended for traveling or vacationing public.

The ruling

The Board determined that the Residential Tenancies Act applies to the Tenant's unit in the motel/resort property. The Board found that the accommodation was not intended for traveling or vacationing public, nor was it seasonal or temporary, given the Tenant's year-long occupancy and unfurnished state of the unit. The real substance of the occupancy indicated a residential tenancy rather than a temporary stay.