Evicting Short-Term Renters in Ontario (Airbnb)

If youre a tenant or landlord in Ontario facing short-term guests who stay like long-term occupants, you need to understand the proper legal process. This guide explains how the province treats short-term rentals, when an Airbnb guest may be considered a tenant, the steps landlords must follow to remove unlawful occupants, and what tenants can do if a hosts behaviour affects habitability. Well highlight key forms, timelines, and what to expect at the Landlord and Tenant Board so you can act with confidence and protect your rights. The language is plain and focused on practical actions, documentation, and where to find official help if you need to file an application or respond to one.

How Ontario treats short-term renters

Whether someone is a "guest" or a "tenant" depends on the nature of the agreement and the facts: length of stay, whether the person pays rent regularly, and whether the host retains control over the unit. If a short-term guest becomes an ongoing occupant who fits the legal tests for tenancy, they may gain protections under the Residential Tenancies Act, 2006 ^[2]. If you are unsure, document dates, payments, and messages that show the pattern of occupancy.

When a host or landlord can act

If the occupant is a guest (temporary visitor) the property owner or lawful tenant may be able to remove them more quickly, but eviction without following process can lead to legal risk. If the occupant meets tests for tenancy, a formal application to the Landlord and Tenant Board is usually required before removal ^[1].

Common reasons landlords apply to remove short-term occupants

• Illegal activity or repeated disturbances by the occupant
• Serious damage to the rental unit or shared property
• Occupant is on the property without permission from the tenant or owner

Practical steps for landlords

Follow these factual, documented steps to prepare an application if the occupant is a tenant or to get help if they are a guest:

1. Gather evidence: dates of stays, payment records, messages, photos, or witness statements.
2. Attempt to resolve informally with clear written notices explaining the issue and a deadline to vacate.
3. If informal steps fail and the person is a tenant, file the correct application or form with the Landlord and Tenant Board ^[3].
4. Attend the hearing with organized evidence and witnesses and follow Board orders.
5. If an order is granted, work with enforcement authorities or the Boards enforcement process to remove the occupant legally.

If you are a tenant dealing with a host or visitor affecting your safety or habitability, your landlord still has obligations. Review their responsibilities and your rights before taking action. For a plain overview of landlord and tenant responsibilities see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What tenants should do if a short-term renter causes problems

Tenants who host short-term guests should protect their lease and neighbours. If another tenant or visitor creates health, safety, or nuisance issues, document incidents and notify the landlord in writing. If the landlord does not act, tenants can apply to the Landlord and Tenant Board or seek advice from tenant advocacy services. For information on tenant rights in Ontario, read Tenant Rights and Landlord Rights in Ontario.

Required official forms and where to use them

The exact form you need depends on the reason for removal. Common official resources include the Landlord and Tenant Board forms index and application types. Examples you may encounter:

• Application to End a Tenancy and Evict a Tenant (Form L1) - used when a landlord applies to the Board to evict for reasons such as persistent unpaid rent or serious breach; example: a repeated long-term occupant who stops paying and damages the unit.
• Other Board applications and notices - see the Boards forms page for up-to-date names and numbers ^[3], and follow the instructions for serving and filing.

Always confirm the current form name/number on the official Landlord and Tenant Board website before filing. The Board also explains how to serve documents and what evidence to bring to a hearing ^[1].

FAQ

Can I remove an Airbnb guest without a Board application?

If the person is a true short-term guest and not a tenant, the property owner or lawful tenant can ask them to leave, but any physical removal must not be forced. If the occupant qualifies as a tenant under the Residential Tenancies Act, follow the Board process.

How long does the Board process take?

Timelines vary. You must file the correct application, serve documents, and attend a hearing. Expect weeks to months depending on schedules and whether urgent relief is requested.

What if the short-term renter damages my unit?

Document damage with photos, receipts for repairs, and witness statements. You can include compensation requests in your Board application or pursue small claims if applicable.

How-To

1. Collect and organize evidence: dates, payments, messages, photos, and witness names.
2. Give clear written notice to the occupant and the landlord (if you are a neighbour or co-tenant) describing the problem and requesting action.
3. Check which Board application or form applies and prepare the completed form with copies of evidence ^[3].
4. File the application with the Landlord and Tenant Board and attend the hearing to present your evidence ^[1].
5. If an order is issued, follow the Boards enforcement instructions to ensure lawful removal.

Help and Support / Resources

• Landlord and Tenant Board (Tribunals Ontario)
• Government of Ontario - Renting in Ontario
• Residential Tenancies Act, 2006 (e-Laws)

1. [1] Landlord and Tenant Board (Tribunals Ontario)
2. [2] Residential Tenancies Act, 2006 (e-Laws)
3. [3] Landlord and Tenant Board forms and application instructions