Subleasing of the property
A tenant may rightfully lease the property of which he is himself the lessee. The landlord, in order to refuse such an operation, has to provide the tenant with a serious reason which would justify such refusal. He is also entitled to being informed of the intention of a tenant to do undertake such an activity.
When it comes to Airbnb leasing, a landlord may restrict or completely ban the activity of short-term commercial leasing.
It is therefore in the best interest of a tenant who wishes to conduct Airbnb leasing to ascertain the possibility to conduct such an activity with the landlord and / or owner of the immovable or obtain to the landlord’s prior consent.
In addition to restrictions or a ban contained within the by-laws of the immovable, a tenant who wish to conduct Airbnb leasing must respect provincial and municipal regulations concerning certification, fiscal implications, municipal zoning, and insurance requirements.
A tenant conducting Airbnb subleasing in violation of the lease and/or without the consent of the landlord may be subjected to an order from the Rental Board requiring the tenant to cease such an activity, or depending on the circumstances, the tenant could see his lease resiliated by the tribunal upon request by the landlord pursuant to Article 1973 of the Civil code of Quebec.
To know more about the Airbnb phenomenon and the effects on the rights and obligations of landlords and tenants with respect to the Airbnb-related Bill n°67, click here.
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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.