The Most Expensive Question in Short-Term Rentals: Guest or Tenant?
An Airbnb booking ends and the guest refuses to leave. Whether the owner faces a simple trespass matter or a full residential tenancy depends on one question: does the Residential Tenancies Act apply to this occupancy? The answer controls everything — the forum, the process, and the timeline.
Genuine vacation and travel accommodation falls outside the RTA, as do arrangements where the occupant shares a kitchen or bathroom with the owner. But long stays, monthly payments, mail delivery, and similar facts can transform a guest into a tenant with full eviction protection. Owners who guess wrong in either direction pay for it.
We assess the occupancy, obtain a binding determination through an A1 application where needed, and remove the occupant through the correct channel — Board, police, or court.
How the RTA Question Gets Resolved
The analytical framework:
- The RTA exempts accommodation occupied for a seasonal or temporary period for travel or vacation purposes
- Living arrangements sharing a kitchen or bathroom with the owner are also exempt
- Length of stay, payment pattern, exclusive possession, and the occupant’s other residence all inform the analysis
- An A1 application asks the Board to determine whether the Act applies — often the decisive step
- If the RTA applies, removal proceeds through normal LTB channels; if not, trespass and civil remedies govern
Common Scenarios We See
Landlords often contact us where:
- A short-term guest has overstayed the booking and refuses to leave
- A guest asserts tenant rights after an extended or repeatedly renewed stay
- Police decline to act, calling the situation a landlord-tenant matter
- A homeowner rented a room in their own home and the arrangement has gone bad
- An owner wants their short-term rental structured to avoid creating tenancies
How We Assist
We assist landlords with:
- Analyzing the occupancy against the RTA exemptions before anyone acts
- Filing A1 applications for a binding determination
- Coordinating with police where trespass remedies genuinely apply
- Running the LTB process where the occupant is, in law, a tenant
- Structuring future bookings, agreements, and stay lengths to preserve exempt status
- Advising on municipal short-term rental licensing issues that intersect with removal
Why Guessing Wrong Costs Months
Treat a tenant like a trespasser and you face an illegal lockout claim with serious remedies. Treat a trespasser like a tenant and you wait months for a hearing you never needed. The determination is not a formality — it is the case.
Book a Consultation
If a guest will not leave your property, get the status question answered before you act. Contact us for an urgent assessment.