24/07/2018 – Jurisdiction Ontario
Part 63 published on 01/09/2018
Landlord entitled to recover damages from tenant resulting from short-term sub-tenancies
The landlord rented one of the units in the condominium to a tenant, under a long-term lease. The tenant proceeded to list the unit “on the Airbnb website as a home share available for short term rentals” without the landlord’s knowledge or consent. The tenant then rented the unit to many sub-tenants, on a short-term basis, over many months.
The landlord applied to terminate the tenancy; but that issue had been rendered moot because the tenant had moved out.
The landlord also alleged that, as a result of the numerous sub-tenancies, there was “undue damage” to the unit, for which the tenant should be obligated to compensate the landlord in accordance with Section 89 of the Residential Tenancies Act.
The Landlord and Tenant Board agreed and ordered the tenant to pay the landlord $4,232.87 in compensation for undue damage, plus $175 in filing fees.
The Landlord and Tenant Board said:
The use of the phrase “undue damage” indicates that some damage to a rental unit is expected with everyday use. I would agree with the Tenant that normal wear and tear is not undue and the Tenant cannot be held liable to the Landlord for it.
That being said, I agree with the Landlord that much of what is claimed here cannot be said to be the result of normal, everyday use. Further, some of the damage is clearly associated with careless or negligent behaviour or wilfulness.