Airbnb & Short-Term Rentals: Licenses to Occupy

Short-term rentals through platforms like Airbnb continue to be a significant governance challenge for strata corporations across the Lower Mainland. In British Columbia, a rental of less than 30 days is considered a "license to occupy" rather than a tenancy under the Residential Tenancy Act. This distinction matters because the RTA—and its protections—don't apply to licenses. However, it does not mean that strata corporations are powerless. Strata bylaws can and do restrict or prohibit short-term rentals. A well-drafted rental restriction bylaw that explicitly addresses short-term licensing arrangements is enforceable, and strata corporations can levy fines for violations. The challenge, as always, is enforcement. Short-term rental activity can be difficult to detect, platforms are not always cooperative with strata corporations, and the revenue generated by short-term rentals creates a strong incentive for owners to continue even in the face of fines. Effective short-term rental enforcement typically involves: reviewing platform listings regularly, issuing written warnings promptly upon discovery, imposing fines consistently and documenting them carefully, and if necessary, pursuing the matter through the Civil Resolution Tribunal. Stratawest advises councils to review their rental bylaws to ensure they are explicit about short-term licensing arrangements—older bylaws may not use language that clearly captures this type of activity.