How to Deal with Illegal Sublets and Airbnb

Landlords, do you know who you’re really renting to? With the rise in popularity of sharing sites like Airbnb, many landlords are in the dark when it comes to who is actually residing at their properties. Tenants could be renting condo guest suites, their living rooms or dens for a profit.

Whether your tenant is illegally subletting your unit on Craigslist or Kijiji or actively marketing it as short term vacation rental using Airbnb, there are ways you can deal with the issue in order to prevent it from happening further. Here’s what to do if you suspect your tenant is illegally renting your suite:

Take action quickly!

If your unit is in a condo, the corporation will almost always have a rule regulating against the short term lease of your unit for anything less than six months. If the condominium board finds out about your tenants subletting transgressions expect to start receiving letters from their lawyer costing anywhere from $500 and up. It is advisable to begin the eviction process or give the tenant 7 days to curb the documented poor behaviour. Be sure to download and use the N5 form when proceeding with legal notice possibly leading to eviction against your tenant. Keep track of any examples you find of the tenant subletting the unit online and include them in your action.

Contact your property manager

It is your responsibility  to clearly communicate with your rental property’s building management when you are evicting a tenant. Taking a proactive approach helps avoid any uncomfortable run ins with the property manager. Let  them know what steps you are taking in order to remedy your subletting problems.

The condominium act rules

Navigating the tightrope between the residential tenancy act and your condominium act can be difficult. Note that the rules outlined in your condominium act trump the residential tenancy act. Abide by your condo rules first and foremost. Be sure to issue all the correct forms and documents when abiding by those rules and give proper notice for unit inspections.