Apartment owner has right to change locks on tenant for Airbnb abuse, Rgie rules

Quebec's rental board has ruled a Verdun landlord has the right to change the locks on a tenant to stop him from renting out his apartment every night, in a decision that could have consequences for other Airbnb users in the province.

In the July 26 ruling, theRgie du logementsaid the tenant,QuanShengLi,must stop renting out the apartment and continue to pay rent to the landlord.

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The property is owned bySummit Property Management.TristanPungartnik, the company'sdirector of operations,said the unitwas being rented out constantly through the popular online vacation-home rental site.

"For example,in the month of August, it was booked every night except for two," Pungartnik told CBC Montreal's Daybreak, explaining that he tracked the rentals on Airbnb'swebsite.

Does the rulingset a precedent?

SummitProperty Management had been fighting the case for two years.The continualflow of short-term renters had led to complaints aboutnoise and smoking from the tenants of other units,Pungartniksaid.

One week it could be a quiet couple, the next week it could be a bachelor party.- TristanPungartnik, director of operations atSummit Property Management

"We need to protect the interests of our tenants who are actually there 12 months of the year ...I personally wouldn't want a new neighbour every week.One week it could be a quiet couple, the next week it could be a bachelor party," he said.

A Quebeclaw that went into effect in Aprilrequires owners who frequently rent out their properties to obtain the same provincial certification as hotel and bed-and-breakfast operators.

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However, it's stillnot entirely clear what property owners have the right todo tostop tenants from turning their apartment into a hotel,orif thisruling will apply to landlords dealingwith renters living in Canada,Pungartniksaid.

"We tried different thingsbecause it was somewhat new to us," hesaid.

"Heinitiallysigned the unit to live in it. However, he has not slept in the unit one night."

Ted Wright, aconsultant on rental board affairs at theWestmountLegalClinic, said the province doesn't give the rental board enough resourcesto solve this problem.

He saidlandlords should inspect the unit they are renting out if they suspect something is awry.

"If indeed there are problems, send a legal letter," he said.