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Case Study

LTB Order on Applicability of Residential Tenancies Act for AirBNB Rental

Case LTB-L-014978-23 - Suzanne Porter vs Tianning (Tina) Ning (Wong)

🕑 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

ℹ️ 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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🧑‍⚖️ Same adjudicator

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