Your tenant is listing your unit on Airbnb without your consent — do you have real remedies, and what are they? The short answer: yes — but they require solid evidence and a precise process. According to CORPIQ, approximately 13,000 member landlords are dealing with tenants who sublet without their knowledge on Airbnb-type platforms. The Civil Code of Quebec requires a landlord's authorization for any sublease — and without a response within 15 days, silence equals consent. That deadline regularly catches North Shore plex owners off guard. ImmoMulti, a direct buyer of income properties on the North Shore, observes that this type of conflict wears down even the most organized landlords. This guide lays out your concrete remedies: from building an evidence file to the Rental Housing Tribunal (TAL), through Revenu Québec — and explains why, for some, a direct sale remains the fastest way out.
How many Quebec landlords are affected by illegal Airbnb subletting?
Illegal tourist subletting is not an isolated incident — it is a structural problem, amplified by the housing crisis. Tenants discover they can generate more income by renting nightly on Airbnb than by paying their monthly rent, and they do so without ever asking their landlord's permission.
The scale of the problem is documented. According to the Corporation des propriétaires immobiliers du Québec, approximately 13,000 of its members are confronted with tenants who sublet their unit without the landlord's knowledge, illegally, on Airbnb-type platforms. For a North Shore plex owner, the problem is not merely a matter of principle: illegal subletting typically means accelerated wear of the unit, complaints from other tenants in the building, insurance risks, and neighbourhood tensions.
Source: La Presse — "Illegal subletting affects thousands of landlords" (CORPIQ)
This dynamic is part of a broader trend. As documented by Le Devoir, some tenants are exploiting the scarcity of housing to turn their lease into a parallel income source — directly at the expense of the landlord and the local rental supply.
What does the Civil Code of Quebec say about the right to sublet a unit?
Before discussing remedies, it is important to understand the legal framework. In Quebec, a tenant does not have the right to sublet freely. The Civil Code of Quebec strictly governs subletting.
In practice, a tenant who wishes to sublet their unit must formally request the landlord's approval. The landlord then has 15 days to refuse, provided they cite serious grounds. If the landlord does not respond within that period, they are deemed to have consented — which is why responding quickly and in writing is essential.
Listing a unit on Airbnb without this authorization is therefore, by definition, illegal subletting. However, the fact that the subletting is illegal is not, on its own, sufficient to automatically terminate the lease. To obtain termination before the Rental Housing Tribunal (TAL), the landlord must prove serious harm and prejudice.
The 15-day deadline trap
If your tenant formally requests permission to sublet and you let 15 days pass without responding, your silence constitutes consent. Always respond in writing, with a date, and keep a copy. For a North Shore income property owner managing multiple leases, a simple scheduling oversight can undermine a future claim.
How to proceed step by step before the TAL for illegal subletting?
Faced with illegal Airbnb subletting in your plex, the recommended approach is progressive. Each step builds the evidence file required for the next.
| Step | Landlord Action | Purpose |
|---|---|---|
| 1. Document | Capture the Airbnb listing, photos, reviews, statements from neighbours and co-tenants in the plex | Build a solid, dated evidence file |
| 2. Send a formal notice | Send a written formal notice demanding that the subletting cease immediately | Formally warn the tenant and create a paper trail |
| 3. File with the TAL | Submit a lease termination application to the Rental Housing Tribunal | Have the competent authority rule on the matter |
| 4. Prove the harm | Demonstrate the serious harm and prejudice caused by the illegal subletting | Obtain termination and potential damages |
| 5. Report (optional) | Report the illegal tourist accommodation activity to Revenu Québec | Add a regulatory and tax lever |
The outcome hinges on step 4. The TAL will not terminate a lease on the basis of a technical illegality alone: it requires demonstration of serious prejudice. This is why a well-constructed evidence file — listings, photos matching your unit, statements from other occupants of the income property — makes all the difference.
What does the Roccabella case say: can a tenant really face $50,000 in damages?
Landlords are not without leverage. Quebec case law has established precedents with heavy consequences for offending tenants.
The most striking case involves the Roccabella towers in downtown Montreal. Tenants who had sublet their apartment to tourists via Airbnb were ordered to pay punitive damages of approximately $50,000. This decision sent a clear signal: illegal tourist subletting can prove very costly for those who engage in it.
"Illegal tourist subletting is not a consequence-free grey zone. When a landlord builds a solid case file, the bill for the offending tenant can reach tens of thousands of dollars."
— ImmoMulti Team, referencing the Roccabella decision from the Quebec Superior CourtFor a plex owner, this precedent is useful on two fronts: it supports a TAL application and it serves as a concrete deterrent argument to present to the tenant in a formal notice. That said, each case is assessed on its own evidence — a ruling of this magnitude is never guaranteed.
Source: Radio-Canada — Roccabella decision, Quebec Superior Court
Can illegal Airbnb subletting also be reported to Revenu Québec in addition to the TAL?
The TAL process addresses the relationship between you and your tenant. But illegal tourist subletting also has a regulatory and tax dimension — and that is where Revenu Québec comes in.
Since 2018, Revenu Québec has held inspection powers over tourist accommodation. Landlords can report the illegal activity of a tenant who is operating their unit as Airbnb-style accommodation without the required authorizations under the Tourist Accommodation Act. This report is complementary to your civil proceedings: while the TAL focuses on lease termination, the regulatory aspect of tourist accommodation falls under Revenu Québec's inspection mandate.
Two parallel remedies to pursue
- TAL: lease termination and damages, upon proof of serious prejudice
- Revenu Québec: report illegal tourist accommodation (inspection powers since 2018)
- Formal notice: written record that supports both proceedings
- Evidence file: listings, photos, statements from occupants of the income property
When does selling your North Shore plex make more sense than pursuing the TAL?
On paper, the remedies exist. In practice, they demand time, energy, and considerable stress tolerance. A TAL proceeding can drag on for months, require tight evidence, and in some cases result in a refused termination. In the meantime, the tourist foot traffic continues, unit wear accumulates, and the other tenants in your income property grow impatient.
For many North Shore plex owners — in Saint-Jérôme, Terrebonne, Blainville, Mascouche, Boisbriand, or Saint-Eustache — the calculus eventually shifts. When a building becomes a constant source of conflict, attachment gives way to fatigue. The question is no longer "how do I win at the TAL," but "how much time and money am I willing to invest before I turn the page."
Sell quickly, without exposing the conflict on the open market
That is precisely where a fast, direct sale makes all the sense. Listing a plex in conflict on the traditional market, with showings and a broker, puts the rental situation on full display and can drive buyers away. By contrast, selling directly to a specialized buyer allows you to transfer the property as-is, with no public listing, no commission.
ImmoMulti: direct buyer of income properties on the North Shore
If your plex has become a source of disputes — illegal Airbnb subletting, difficult tenants, constant tourist foot traffic — we can submit a direct offer, with no commission and in complete confidentiality. No public listing, no broker, no obligation. Receive a purchase offer in 48 h.
Selling is not the only path forward, and it is not right for everyone. If you are considering taking back control of your unit instead, our guide on owner-occupancy eviction on the North Shore covers that alternative in detail. And before any decision, measuring your property's true profitability remains essential: our multiplex yield calculation guide explains how to assess what your plex is really worth today.
