Edmonton Journal

Tenant tagged for Airbnb re-rentals

- Joseph Brean

A tenant who secretly rented out a downtown Toronto condo on Airbnb has been ordered to pay more than $4,000 to compensate for damage done to the floors, shower and kitchen by hundreds of short-term renters.

The case between the landlords, Sanda and Aco Jovasevic, and the unnamed tenant is the latest example of Canadian courts and tribunals trying to sort out the rights of owners and renters as the online room-rental service establishe­s itself in a tight real estate market.

After making an exhaustive list of broken stove knobs, stained carpets, gouges in the floor boards, an unhinged door, busted blinds, an improbably advanced mildew problem in the shower, and a strange substance that looked like dried glue on the floor, an adjudicato­r decided the tenant must pay for 80 per cent of all this damage, which led to a final figure of $4,407.87 in the July 24 decision.

The hearing of the case in May followed an acrimoniou­s period last year during which the landlords discovered the tenant had never in fact lived in the condo on Front Street in Toronto’s entertainm­ent district, but rather, had rented it out “dozens if not hundreds of times to travellers as if it were a hotel room.”

The scheme was so establishe­d and profession­al that the landlords even found cleaning schedules indicating the condo was being maintained on a near-daily basis.

The decision of Ontario’s Landlord and Tenant Board illustrate­s how difficult it can be for a landlord to learn that something like this is happening, to do anything about it, and to recover compensati­on for any damage.

The Jovasevics originally applied for an order to evict the tenant, but were given permission to withdraw this request, which the adjudicato­r believed is part of a legal strategy to sue the tenant in another forum.

This is hardly the only case in which a tenant has secretly sublet a residence via Airbnb and a landlord has struggled to be compensate­d in a quasi-judicial system designed to protect the rights of tenants.

In 2016, for example, a Toronto landlord tried to evict a tenant from a twobedroom condo being rented on Airbnb, in which guests had sprayed a fire extinguish­er in a hallway and set off a fire alarm, which led to a municipal fine. But an adjudicato­r refused to kick out the tenant, because the landlord waited more than 60 days to file the applicatio­n after learning about the unauthoriz­ed Airbnb use.

That same year, a tenant was evicted from a small bachelor apartment in a non-profit co-op and ordered to pay more than $3,000 because he did not turn over the profit he made to the co-op.

“In this case, the offence is serious,” the adjudicato­r in that case ruled. “Profiting from renting out subsidized non-profit housing is fraudulent conduct.”

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