OHI | Can My Tenant? · Ontario rental question #50
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Last verified: September 15, 2026
Quick answer: Not automatically. A short-term rental listing can breach the lease, condominium rules, municipal licensing or zoning requirements, insurance terms, and the RTA’s subletting or unauthorized-occupancy provisions. A tenant should obtain written landlord consent and verify every applicable rule before listing.
A legal RTA sublet requires the landlord’s consent and has specific characteristics. Nightly hosting may not fit neatly within an ordinary sublet and can create separate municipal and condominium issues. Ontario law also restricts a tenant from charging a subtenant more than the lawful rent on a proportional basis.
Many municipalities limit short-term rentals to a principal residence, require registration, or prohibit them in certain properties. Condominium rules may be stricter.
What if the tenant remains in the unit?
Renting a room while remaining may differ from transferring the whole unit, but local business, licensing, insurance, guest-conduct and lease rules still apply.
Can the landlord evict over Airbnb?
Potential grounds may include unauthorized transfer, illegal activity, substantial interference or breach-related conduct. The landlord must identify the correct ground, serve the proper notice and prove the case at the LTB.
Who is responsible for guest damage?
The tenant can remain responsible for people they permit on the property. Platform protection is not necessarily equivalent to landlord or tenant insurance.
What should the tenant do?
- Obtain written landlord consent before listing.
- Check municipal registration, zoning and principal-residence rules.
- Review condo declarations, lease terms and insurance.
- Understand guest conduct, taxes, income reporting and emergency access.
What should the landlord do?
- Investigate the actual hosting arrangement and preserve listings and dates.
- Check municipal, condo and insurance requirements.
- Communicate a clear policy in the standard lease where lawful.
- Use the correct LTB process rather than lockouts or utility interruption.
Example
A tenant lists the entire condo nightly while living elsewhere, contrary to the condo declaration and municipal licensing rule. That is very different from an occasional permitted arrangement that satisfies every written approval.
Related OHI guides and tools
Official sources
- Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms and instructions
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Other laws, bylaws and condominium rules may also apply. Rules and forms change; verify current information with the responsible authority or obtain advice from a licensed Ontario legal professional.