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Ask the Lawyer: Condo owner wants action on noisy Airbnb “tenants”

Reader Question: “I believe my neighbour is renting out with Airbnb. I see people I don’t know coming and going, making lots of noise. I also don’t feel safe in this environment. What can I do about this? So far, complaining to management hasn’t helped.”

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Owners of condos may face damage to their units from short term tenants such as those from Airbnb. The bigger risk is annoying your neighbours — and the costs associated with possible breach of Condominium rules.

 

Richard Hoffman Answers

Airbnb is a major issue in Toronto condominiums. In most new condominium developments, the developers are putting in clauses in the Declaration restricting short term rentals and that owners are only allowed to rent out their units for a minimum  of 1 year or 6 months. This will restrict owners attempting to use Airbnb and if they do, they would face enforcement proceedings by the condominium corporation. For those condominiums that don’t have such leasing restrictions there really is not much that can be done unless the corporation wants to pass a rule implementing minimum terms.
For those buildings that allow short term leases, the guests must comply with the Declaration and rules. They are not permitted to disturb the quiet enjoyment of the other owners or create disturbances. If they do, action can be taken by the condominium corporation against the unit owner who  will  be responsible for any and all costs incurred by the condominium corporation.

For past Condo.ca stories on Airbnb:

Toronto studying how to regulate short-term rentals as Airbnb continues to grow

Nothing can stop Airbnb now; it’s too popular to fail

Make sure it’s allowed before listing your condo on Airbnb

Government takes steps to make Airbnb hosts pay their taxes

 

 

RICHARD P. HOFFMAN

Richard Hoffman is a member of DelZotto, Zorzi LLP, since 1992, practicing in the area of condominium law.

Richard Hoffman has been a member of DelZotto, Zorzi LLP since 1992, practicing in the area of condominium law. He has represented condominium corporations and unit owners through all stages of the litigation process and at all levels of Ontario Courts (Superior Court of Justice, Divisional Court and Court of Appeal). He is well experienced in handling all types of condominium litigation, from applications to enforcing compliance with declarations, by-laws or rules, to handling multi-million dollar claims for budget misrepresentation. He has also advised condominium corporations of various sizes on all facets of condominium law.

Richard is presently a member of the Canadian Condominium Institute and regularly lectures on contract and agency law in the condominium context at Humber College, as well, he is a regular contributor to various condominium magazines and has contributed to the condominium section of the Toronto Star.

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