My tenant has placed an ad on Airbnb to rent their unit. The tenant is making more money than they are paying for rent. What can I do?
There are two possible notices of termination you can serve to your tenant:
The first notice is Form N5 – Notice to End your Tenancy Early for Interfering with Others, Damage or Overcrowding. You can serve this notice to your tenant if your other tenants in the building are complaining, damage is being caused in the rental unit, the condo management is complaining about the constant turnover of people in your unit, or your tenancy agreement does not allow the tenant to rent the unit on a short-term basis. This notice is a 20 day notice to end the tenancy, but it allows the tenant to correct the situation within seven (7) days. If they do not correct the situation in seven (7) days, you can file an application with the Landlord and Tenant Board as early as the 8th day.
If the tenant is collecting more rent from the Airbnb renters than what the tenant is paying you each month for rent, this is considered illegal act. In this case, you can serve your tenant with Form N6 – Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit. This notice is also a 20 day notice to end the tenancy (Reason 2), however, the tenant is not given an opportunity to correct the situation. You can file an application with the Landlord and Tenant Board right after you provide your tenant with this notice.
In either case, you should collect as much evidence as possible. For example, print-outs of the advertisements on the Airbnb website showing your unit, proof of what the tenant is charging to rent out your unit and complaints from other tenants or condo management. It is important to fill in as much detail as possible about the tenant’s behaviour in the Details About the Reasons for this Notice section of each form.
If the reason for termination is based on the tenant’s drug dealing, the best way to prove it is when the police have laid charges and you can get the police report and/or summons the police officers to the hearing. You should also have other witnesses such as the other tenants in the residential complex. There are selected cases posted on the Landlord and Tenant Board’s website, I believe there are a couple of these cases that deal with illegal activities.
In this case, you can serve your tenant with Form N6 – Notice to End your Tenancy for Illegal Act or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit. This notice is a 20 days notice to end the tenancy (Reason 1), and the tenant is not given an opportunity to correct the situation. You can file an application with the Landlord and Tenant Board right after you provide your tenant with this notice.
I was wondering whether section 61.1 of the RTA which deals with eviction based on illegal acts would also apply to by-law infractions such as noise, loitering, littering or illegal parking.
Section 61.1 of the RTA may apply in this case and you could serve the Form N6 to the tenant based on the by-law infractions but only if you have been served with a Notice of Violation from the local municipality specifying the infractions.
I live in the same house as my tenant but they have their own unit. I have a strong suspicion of drug use in their unit based on disturbances and visitors at all hours. The police confirm they’re monitoring this person’s actions for that reason. Are suspicions of drug use in her unit solid grounds to evict?
If you simply suspect drug use it may not be enough grounds to evict unless you can get proof. If you are serving the Form N7 based on the disturbances you should also obtain the Form L2 and a Certificate of Service, these are the two forms you require to apply to the Landlord and Tenant Board after issuing the N7. The cost of filing an application with the Board is $190.00 in person and normally if the Board decides in your favour they will order the tenant to pay you for those costs as well.