Case Timeline
Application Date: Date not provided
Hearing Date: April 17, 2023 and May 3, 2023
Order Issued: 2023-06-15
Termination Date: Not applicable
Eviction Deadline: Not applicable
Case Overview
Case Number: LTB-L-014978-23
Address: Upper Level, 69 Walmsley Toronto, Ontario M4V1X7
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: Not applicable
Decision In Favor: Landlord
Application Type: Determine applicability of the Residential Tenancies Act, 2006
RTA Sections: Section 5(a), Section 202(1)
Parties Involved
Landlord: Suzanne Porter
Landlord Rep: D. Ciobotaru
Tenant: Tianning (Tina) Ning (Wong)
Tenant Rep: M. Yarmus
Adjudicator: Not specified
Keywords: AirBNB, exemption, section 5(a), temporary accommodation
Decision Summary
The Board ruled in favor of the landlord, exempting the property from the Act based on its use as temporary accommodation for vacationing tenants.
Dispute Summary
Dispute over whether the Residential Tenancies Act, 2006 applies to a rental property booked through AirBNB for a long-term stay.
Landlord sought to reclaim property citing personal reasons; Tenant resisted vacating claiming protection under the Act.
Findings & Determinations
The Act does not apply due to the exemption in section 5(a) for accommodations intended for the traveling or vacationing public or occupied temporarily.
Summary Points
Landlord Suzanne Porter filed an application to determine if the Residential Tenancies Act applies to a rental initially arranged via AirBNB.
Tenant Tianning Ning booked the property for a period of 311 days, intended as temporary accommodation while visiting Canada.
Adjudicator determined that the Act does not apply, citing the exemption under section 5(a).
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