Shakori v Tern

Tenant wins · Etobicoke · 2025-05-26

Adjudicator

Benjamin Seigel

Dispute

Jurisdiction

Landlord

S.S.

Tenant

S.T., D.D.F.

Landlord rep

David Meyers

Tenant rep

Dan McIntyre

What happened

The Landlord applied for an order to determine if the Residential Tenancies Act, 2006 applies to the occupancy. The relationship began as a short-term AirBnB booking in July 2024. After several extensions and private payments, the tenants remained in the unit. The primary issue was whether the occupancy fell under the 'travelling or vacationing public' exemption or if it had evolved into a standard residential tenancy.

The ruling

The Landlord and Tenant Board determined that the Residential Tenancies Act, 2006 applies to the occupancy starting from October 13, 2024. Although the stay began as a short-term vacation rental via AirBnB, the subsequent conduct of the parties—including regular weekly rent payments and the removal of the unit from the short-term market—established a residential tenancy relationship.