Airbnb guests are not roommates, you may be misinterpreting the law… This is probably a bigger issue in your community than you realize, I believe. And I’m sorry, yes you are making a profit.
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@KKC I thought about that, but it seems like it would be way more of a hassle for him than having me as a tenant who is paying the full rent and looking after the place and the guests. I think it’s more likely he’s just trying to shift the maintenance costs onto me and using airbnb as an excuse not to fulfill his maintenance responsibilities
I have to ask. What specific maintenance issues is the landlord avoiding? That might help me envision how this relationship between the two of you is [or is not] working.
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No way am I looking at those links again (already clicked on them)…now if you would have copied and pasted the revelant info from those links…I would be happy to read.
I am not arguing with you. I just find the entire thing shocking. In U.S. you don’t have to be categorized as “incorporated” in order to be classified as running a business. Many Airbnb hosts in your situation would be classifed as “self-employed” individuals. So if only incorporated businesses in your province classify as a commercial activity…that is interesting.
I find that interesting because depending where you are located in U.S. - you cannot just have a commerical activity without the proper insurance. And most landlords are only provided “landlord” insurance - which means long term rentals. If you operate as a hotel, then insurance policy needs to be changed and price typically would increase. The purpose of landlord insurance is under the premise that your tenant is long term. With “hotel guests” going in and out it is a higher risk, and same insurance would be voided.
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@Maggieroni that’s kind of a moot point in all this, and like i said many times, i’ve contacted a lawyer about this, but regardless a profit is defined as generating more income than the rent I pay, which is not the case. Income doesn’t mean profit. So no, there’s no profit here, and that’s not really the purpose of this thread. Are you a tenant? I posted this to get input from other folks in the same situation, not to inquire about the legal implications, which I’ve already researched along with legal counsel.
@anon67190644 good question. Most of them are small - shower curtain holder has been loose since I moved in, he had a bannister fixed recently and left a gaping hole on the job, the bathroom paint that’s been peeling since before I moved in needs to be redone, things like that.
CC[quote=“Saraswati_Maha, post:25, topic:7653”]
you a tenant? I posted this to get input from other folks in the same situation, not to inquire about the legal implications, which I’ve already researched along with legal counsel.
[/quote]
Actually I’m not sure why you are here, every LL tenant situation is different. I don’t know anything about Canadian tax laws but in most places income vs. expenses figures a profit or loss. I still say you are misinterpreting the law. Lawyers can be wrong and if you are so confident in your lawyer why are you asking an international group of hosts? And what difference does it make if we are tenants or owners? So what if we had a LL who objected to our hosting? You need to talk to your neighbors lol!
Oh, and lay off @konacoconutz
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Why? Every situation is different. I think you are just looking to whine with someone.
You must be joking! I will not leave any thread because you bark at me. I’m here to stay so get used to it. You are the one being rude.
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Sara,
Sorry if us U.S. hosts are very rude. But a couple of times you have said in other words" I am not a business because I am not incorporated" - 'I am not a business because I do not make a profit" - Let me tell you there are a ton of failing businesses that do not make a profit - Airbnb is one that has been in the news for not having an “operating profit” - this is completely different when you include depreciation and everything else. Profit means many things to different people.
You are defnining “profit” in the financial sense. Profit can also be defined in the beneficial sense of " financial gain, especially the difference between the amount earned and the amount spent in buying, operating, or producing something."
Obviously you are earning a “profit” to put towards your rent…
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I think she is mixing up two different issues. She wants her place fixed and the landlord isn’t doing it. That is different from the landlord prohibiting her Airbnb activities. I would wager to say she is misrepresenting her situation both to her landlord (is it ok if I have roommates?) and to the lawyers she supposedly consulted (is it legal to have roommates?) I would also wager to say that she is sneaking in Airbnb guests, calling them roommates and not telling her landlord she is doing it, nor has she got express written permission from him. She is not realizing that Airbnb guests are NOT in any way shape or form, roommates.
Her story isn’t adding up. And yet she tells me to bug off because I picked up on her situation right off the bat and distilled it down to its bare essence. Her lease agreement is not between herself and her province. It’s between herself and her landlord. You know, that person she is hiding her Air activities from ? or the guy whom she is telling that all those guests with suitcases rolling in and out are really known as “roommates?”
And no I won’t go away. The message I give to those who sublet in violation of their lease is never taken well.
Please, I’ve said it before. Don’t shoot the messenger.
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Or perhaps I’m misunderstanding? The landlord DOES know about her Airbnb activities and wants proof of insurance? Or more insurance? Is being bullied by her because her increased guest activities are causing wear and tear on the apartment which he is expected to fix and maintain? The guests are being forced on him without his consent yet are being labeled roommates to get around the law? I’m not getting this story at all. Boy if I were him, I’d want a different tenant in my long term rental unit. Not someone who is putting him at risk with liability and is increasing wear and tear with constant guests (I mean roommates) in and out.
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. Lol. Lol. Lol.
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Please don’t bully the newcomers.
As the OP has indicated, there are jurisdictions in which subletting is perfectly legal, where people are operating AirBnBs with the explicit permission of their landlords. Japan is one such jurisdiction. Ontario may be another.
If you think this is improper or scandalous, that’s your prerogative; however it is inappropriate to chastise, vilify, or insinuate that they are acting in bad faith, without knowing the true specific situation.
Sorry but I had to call that out. A lot of negativity here. Let’s just help each other out.
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First of all, my first answer to her post was not insensitive. It was firm and realistic.
She didn’t like my answer and told me to go away. That’s bullying the long timers. 
Second of all, she states that she is doing this without the landlord’s permission and seems to be bullying the landlord with her activities.
Correct me if I am wrong. Does the OP have the landlord’s permission or does she not? If she does, I stand corrected.
Hyper, I know you are one of our few regular forum hosts who is not an owner. I have always respected your right to sublet because you seem to be doing it in accordance with the practices there and with the permission of your landlord. Maybe that’s why you jumped in to defend her here because you have sympathy for renters who do Air. Well I do too. But only if they do it with the express written permission of their landlords.
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No you aren’t getting this sorry, since you are a tenant why don’t you help her?
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It sounds to me like your landlord is using the Airbnb thing as an excuse to not do maintenance. I suspect most of us try to keep our places very well maintained (whether owned or rented), or we will not get good enough reviews to keep guests returning. I think you will probably have to either do the maintenance stuff yourself, or move to another place with hopefully located a better landlord. Depending on the maintenance issues, you may be able to make repairs and deduct the cost from your rent. I would send the landlord written notice of the requested repairs first before doing that.
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I was a tenant for many years. Those are really minor things that I would have taken care of myself for my own sake. I mean, a loose shower curtain holder?
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No wonder he’s pissed.
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Seems like a dispute over owner’s maintenance between you and your landlord.
In my country:
- Owner’s maintenance responsibility is usually limited to major work, such as fixing heating systems, plumbing, roofs etc,
- The small stuff is up to the tenant to fix, and you can try billing the landlord for it - they may or may not agree to pay.
- The stuff that could be construed as normal wear and tear, they will not pay for repairing it - especially if you implicitly agreed/tolerated it when moving in.
You’re in Canada, so your mileage may vary.
Sorry, but I don’t see why operating an airbnb or not is really relevant here, unless they are objecting to it. In which case, good luck on getting the owner to do any minor maintenance at all.