Subleasing of the property
A tenant may rightfully lease the property of which he is himself the lessee. The landlord, in order to refuse such an operation, has to provide the tenant with a serious reason which would justify such refusal. He is also entitled to being informed of the intention of a tenant to do undertake such an activity.
When it comes to Airbnb leasing, a landlord may restrict or completely ban the activity of short-term leasing.
If a tenant conducts Airbnb subleasing in violation of the lease and/or without the consent of the landlord, he may be compelled through an order from the Rental Board to cease such activity, and if the breach persists, a landlord may ask the tribunal for the resiliation of the lease pursuant to Article 1973 of the Civil code of Quebec.
A landlord must be cautious in allowing Airbnb leasing as such an activity may engage his civil liability, in addition to attracting certain fiscal implications which may be borne by the landlord. Moreover, fines and penalties may be imposed on the landlord of the immovable, even if they did not know of such an activity.
It must also be noted that insurance coverage will also differ depending on whether or not Airbnb leasing is permitted within the immovable. It is therefore recommended to ascertain with your insurance company whether such an activity is covered by your insurance policy.
To know more about the Airbnb phenomenon and the effects on landlords and tenants rights regarding Airbnb-related Bill n°67, click here.
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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.