Do 30+ Day Airbnb Stays Become Tenants in Ontario? (RTA Section 5 Explained) Ontario Airbnb 30+ Day Tenants
- Stellar Stays
- Apr 18
- 5 min read
Updated: Apr 20
A common belief in Ontario is that any stay longer than 28 to 30 days automatically becomes a tenancy under the Residential Tenancies Act.
That's not how the law actually works.
Under Section 5 of the Residential Tenancies Act, certain types of accommodations are exempt from the Act entirely. This includes accommodations intended for the travelling or vacationing public and temporary or short-term stays.
What Section 5 of the RTA says
5 This Act does not apply with respect to
(a) living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home;
(b) living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm;
(c) living accommodation that is a member unit of a non-profit housing co-operative, except for Part V.1, and except for those provisions in other Parts that are needed to give effect to Part V.1;
(d) living accommodation occupied by a person for penal or correctional purposes;
(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Fixing Long-Term Care Act, 2021, the Ministry of Correctional Services Act or the Child, Youth and Family Services Act, 2017;
(f) short-term living accommodation provided as emergency shelter;
(g) living accommodation provided by an educational institution to its students or staff where,
(i) the living accommodation is provided primarily to persons under the age of majority, or all major questions related to the living accommodation are decided after consultation with a council or association representing the residents, and
(ii) the living accommodation does not have its own self-contained bathroom and kitchen facilities or is not intended for year-round occupancy by full-time students or staff and members of their households;
(h) living accommodation located in a building or project used in whole or in part for non-residential purposes if the occupancy of the living accommodation is conditional upon the occupant continuing to be an employee of or perform services related to a business or enterprise carried out in the building or project;
(i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;
(j) premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes is under a single lease and the same person occupies the premises and the living accommodation;
(k) living accommodation occupied by a person for the purpose of receiving rehabilitative or therapeutic services agreed upon by the person and the provider of the living accommodation, where,
(i) the parties have agreed that,
(A) the period of occupancy will be of a specified duration, or
(B) the occupancy will terminate when the objectives of the services have been met or will not be met, and
(ii) the living accommodation is intended to be provided for no more than a one-year period;
(l) living accommodation in a care home occupied by a person for the purpose of receiving short-term respite care;
(m) living accommodation in a residential complex in which the Crown in right of Ontario has an interest if,
(i) the living accommodation or residential complex was forfeited to the Crown in right of Ontario under any Ontario statute or the Criminal Code (Canada),
(ii) possession of the living accommodation or residential complex has been or may be taken in the name of the Crown in right of Ontario under the Escheats Act, 2015, or
(iii) the living accommodation or residential complex is forfeited corporate property to which the Forfeited Corporate Property Act, 2015 applies; and
(n) any other prescribed class of accommodation.
2006, c. 17, s. 5; 2007, c. 8, s. 226; 2007, c. 13, s. 48; 2008, c. 14, s. 58 (2, 4); 2009, c. 33, Sched. 18, s. 30; 2013, c. 3, s. 24; 2015, c. 38, Sched. 7, s. 60; 2017, c. 14, Sched. 4, s. 33; 2021, c. 4, Sched. 11, s. 31 (2); 2021, c. 39, Sched. 2, s. 24.
The length of stay is not the determining factor.
What matters is how the arrangement is structured and operated. The key factors are how the property is advertised, whether it's listed as a short-term accommodation or a long-term rental, how the agreement is written, whether it's a guest licence or a lease, the nature of the stay, whether it's temporary or indefinite, and whether the host maintains control over the property.
If these elements align with short-term use, the stay falls under the Section 5 exemption regardless of how many nights it runs.
Real-world example
We had a guest stay beyond 30 days and attempt to claim tenancy based on length of stay alone. The property was clearly set up and operated as a short-term rental and that context was communicated to the relevant parties. The claim did not hold and the guest was removed within a few days.
Watch: more on this topic
The bottom line
Length of stay alone does not convert a short-term rental into a tenancy under the RTA. A properly structured and operated short-term rental can remain exempt, even beyond 30 days.
Important: this is fact-specific. The Section 5 exemption is not a blanket shield. It depends on how your property is set up, how it's advertised, and how your agreements are written. Poor structuring changes the outcome.
Not sure if your setup qualifies? We review STR setups and flag risk before it becomes a problem. Reach out to us, we'd be happy to help.
FAQ
Can I Airbnb my basement in Ottawa?
Yes, but only if it's part of your principal residence and can't function as a self-contained unit. Click here to see more info.
Does staying 30 days make someone a tenant in Ontario?
No. Length of stay alone does not determine tenancy under the RTA.
What protects short-term rental hosts in Ontario?
Section 5 of the RTA, provided the property is clearly operated as a temporary accommodation.
Can a guest claim tenant rights after 30 days?
They can attempt to. Whether it holds depends on how the stay is structured, not the duration.
What do I do if a guest tries to claim tenant rights after 30 days?
Contact the police and let them know you have an Airbnb guest who is refusing to leave. Because the property is clearly operated as a short-term rental, this is treated as a trespassing situation, not a tenancy dispute. At the same time, contact Airbnb directly and notify them of the situation. They have a process for this and can support you. Document everything from the moment the guest refuses to leave.
Ontario Airbnb 30+ Day Tenants
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