Canada's Condominium Magazine

Ask the Lawyer: Can an owner rent out short term or must it be annually? (Airbnb sub point)

A reader asks: For a condo unit in Toronto, can an owner rent it out for 2 months or it has to be a yearly lease, then month-to-month? Will it be mentioned in the by-law?


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Richard Answers: The Condominium Act, 1998 permits an owner to lease out their unit. There is no restriction on the duration of the lease. So the owner can rent it out for 6 months, a year etc. However, your particular condominium corporation can restrict the term of a lease by passing a bylaw or rule or it may be contained in the Declaration. You must review those three documents to determine if there are any term lengths imposed by her corporation. These days, condos, especially in Toronto are trying to ban AirBnB so they are imposing minimum lease terms of 6 months or greater.


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.

Auberge on the Park-Tridel


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