Airbnb Eviction Notice Ontario: Guest Refuses to Leave?

Last Updated on June 26, 2026 by Fullhome Airbnb Manager

 What should Ontario Airbnb hosts do when a guest refuses to leave?

There is no single official Airbnb eviction notice in Ontario. If a guest refuses to leave after checkout, first confirm whether the person is a short-term guest, licensee, occupant, or possible tenant. Then contact Airbnb, send a written overstay notice, document the booking, avoid self-help lockouts, and get legal advice before changing locks or removing belongings.

For true short-term Airbnb stays, the issue is often an overstay or contract problem. If the person may be a tenant, the Ontario eviction process may apply.

This article is general information, not legal advice.

Key takeaways

• Do not assume every Airbnb guest is a tenant. Short-term stays can be different from residential tenancies.
• Do not assume every Airbnb guest is outside tenant law either. Long stays, extensions, off-platform payments, or residential-style use can change the risk.
• Airbnb describes an accommodation reservation as a limited licence, and its Terms say a host may make an overstaying guest leave only in a manner permitted by applicable law.
• Do not change locks if tenancy status is unclear. If the Residential Tenancies Act applies, only the Sheriff can enforce an eviction order.
• Send a written overstay notice. Keep it factual, dated, and inside Airbnb messages where possible.
• Document everything. Save reservation details, checkout time, guest messages, access logs, photos, lost revenue, and Airbnb support case numbers.
• Use legal help early. A lawyer, paralegal, or experienced property manager can help reduce risk.

Is an Airbnb guest a tenant in Ontario?

Sometimes no. Sometimes maybe.

Ontario’s Residential Tenancies Act does not apply to every type of occupancy. Short-term accommodation intended for the travelling or vacationing public, or accommodation occupied for a seasonal or temporary period in a vacation-style setting, may fall outside the usual landlord and tenant process.

But the facts still matter.

A short weekend stay is very different from a guest who stays for months, receives mail at the property, pays outside Airbnb, asks for repeated extensions, or starts using the unit as a home.

Hosts should look at:

• Length of stay
• Purpose of stay
• Whether the guest is travelling or living there
• Whether the guest extended the stay
• Whether payment stayed on Airbnb
• Whether the guest has a written rental agreement
• Whether the guest receives mail at the property
• Whether the unit is furnished and operated as temporary accommodation
• Whether the host retained short-term rental control and access terms

Toronto defines a short-term rental as all or part of a dwelling unit rented for less than 28 consecutive days in exchange for payment. For a broader compliance overview, FullHome’s guide to Toronto short-term rental regulations and bylaws explains how the principal residence rule, registration, stay length, and local licensing duties affect Toronto hosts.

The 28-day rule is important for Toronto short-term rental compliance. It is not the only factor in every legal dispute.

What Airbnb says about overstaying

Airbnb’s Terms of Service say an accommodation reservation is a limited licence to enter, occupy, and use the accommodation. Airbnb also says that if a guest stays past checkout, the host has the right to make the guest leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties.

That last part matters.

Airbnb’s Terms do not give a host permission to break Ontario law. They support the host’s position that the booking had an end date, but the host still needs to act legally.

So the safest working rule is simple:

Use Airbnb, documentation, written notices, legal advice, and lawful process. Do not use pressure tactics.

What is an Airbnb overstay notice?

An Airbnb overstay notice is a written message telling the guest that the reservation has ended and they no longer have permission to remain in the property.

It is not the same as an LTB eviction notice. It is not a Sheriff order. It is not a court order.

It is a written record that helps prove:

• The reservation ended.
• The guest missed checkout.
• The host asked the guest to leave.
• The guest was given clear instructions.
• The host acted professionally before escalating.

Use Airbnb’s message thread when possible. If the guest also communicates by text or email, keep copies there too.

Sample Airbnb overstay notice for Ontario hosts

Use this as a starting point only. Ask a lawyer or paralegal to review serious cases.

Subject: Notice to Leave After Airbnb Checkout

Hi [Guest Name],

Your Airbnb reservation for [property address or listing name] ended on [date] at [checkout time].

You no longer have permission to remain in the property after the checkout time listed in your reservation. Please leave the property, remove your belongings, and return all keys, fobs, cards, or access devices by [deadline].

Please reply through this Airbnb message thread to confirm your checkout.

If you do not leave by the deadline, we may contact Airbnb, seek legal advice, claim overstay charges or related losses, and contact local authorities where appropriate.

Thank you,
[Host Name]

Keep this message short. Do not threaten, insult, or accuse the guest.

What Ontario Airbnb hosts can do

1. Confirm the booking facts

Before sending messages or calling anyone, confirm the basic facts.

Check:

• Reservation number
• Guest name
• Check-in date
• Checkout date
• Checkout time
• House rules
• Extension requests
• Payment status
• Airbnb cancellation or modification records
• Whether another guest is scheduled to arrive
• Whether the guest has already removed some belongings

A clean record helps prove when the stay ended, what was paid, and what communication happened. FullHome’s guide to Airbnb record keeping in Toronto explains what hosts should track for compliance, guest issues, MAT filing, and booking disputes.

2. Contact Airbnb support

Open an Airbnb support case quickly.

Ask Airbnb to confirm:

• The reservation has ended
• The guest has overstayed
• Airbnb has contacted the guest
• Overstay penalties or extra charges may apply
• What documentation Airbnb needs from you
• Whether Airbnb can help protect your next booking

Save the case number and screenshots of each support message.

3. Send a written overstay notice

Send the notice inside Airbnb messages.

Keep it factual. Include the checkout time, deadline to leave, and next steps.

Do not use language that sounds like harassment. Do not threaten to shut off utilities, remove belongings, or change locks.

4. Protect the next booking

If another guest is scheduled to arrive, act fast.

Document:

• Lost booking revenue
• Refunds
• Guest relocation costs
• Emergency cleaning delays
• Extra management time
• Airbnb support communications

Checkout timing affects cleaning, access codes, next guest arrival, and claim records. FullHome’s Airbnb guest check-in and check-out guide explains how hosts can create a cleaner process around departure time, inspection, key return, and same-day turnover.

5. Get legal advice if the stay is long or unclear

Legal advice matters when the guest’s status is not obvious.

Get help if:

• The stay is 28 days or longer
• The guest paid outside Airbnb
• The guest claims they live there
• The guest received mail at the property
• The guest moved in furniture or personal property
• The guest extended multiple times
• The guest refuses to communicate
• You are thinking about changing locks
• You want to remove belongings

A short call with an Ontario lawyer or paralegal can prevent a serious mistake.

What Ontario Airbnb hosts should not do

Do not change the locks if status is unclear

If the person may be a tenant under Ontario law, changing locks can create illegal lockout risk.

The Landlord and Tenant Board’s illegal lockout guidance explains that tenants can apply to the LTB if they are locked out illegally. If the Residential Tenancies Act applies, a landlord cannot simply remove a tenant by changing locks.

If tenancy status is unclear, pause and get legal advice.

Do not shut off utilities

Do not cut off heat, water, electricity, internet, elevator access, garage access, or building fobs to pressure the guest to leave.

That can create legal, safety, insurance, platform, and reputation risk.

Do not remove belongings

Do not throw out bags, clothing, medication, documents, electronics, food, or personal items.

Even if you believe the stay has ended, property handling rules can become complicated. Document first. Get advice before removing anything.

Do not enter aggressively

Avoid confrontational entry.

If there is an emergency, contact emergency services. If there is no emergency, stay professional and document all communication.

Do not accept off-platform extensions casually

A guest who asks to stay longer may offer e-transfer, cash, or direct payment.

Be careful.

Off-platform extensions can blur the record. They may also change the risk profile of the stay. Keep extensions inside Airbnb where possible, and use written terms if the stay shifts into a medium-term or monthly arrangement.

Can a host call the police?

Yes, if there is a safety issue, threat, suspected crime, property damage, trespass concern, or urgent risk.

But for a simple overstay, police may view the issue as a civil matter. That does not mean the host has no options. It means the host may need Airbnb support, legal advice, a written demand, Small Claims Court for losses, or the LTB process if the person is legally a tenant.

If you call police, have your records ready:

• Booking confirmation
• Checkout time
• Overstay notice
• Airbnb support case number
• Guest messages
• Proof you own or manage the property
• Safety concerns, if any
• Access logs, if available

Do not expect police to automatically remove the guest.

What if the guest becomes a tenant?

If the guest is legally treated as a tenant, the process changes.

The LTB explains that legal eviction requires proper process. In a tenancy situation, a landlord cannot personally remove the tenant or change the locks. Enforcement must be handled through the proper legal route, including the Court Enforcement Office where an eviction order applies.

This is why the first step is not “evict the guest.”

The first step is:

Figure out what legal category the person falls into.

That one decision affects every step after it.

Can hosts charge overstay fees?

Airbnb’s Terms allow reasonable overstay penalties where permitted by applicable law.

Hosts may also have real losses, such as:

• Lost next booking
• Guest refund
• Emergency cleaning delay
• Extra cleaning
• Damaged items
• Lock reset
• Legal costs
• Management time
• Security callout
• Hotel relocation cost for the next guest

Keep proof of each loss.

Ontario Small Claims Court can now hear claims up to $50,000, which may be relevant if a host needs to pursue unpaid overstay charges, damage, or lost booking revenue. Ontario’s Small Claims Court jurisdiction regulation confirms the increase from $35,000 to $50,000.

For damage or missing items,  article on how to protect your Airbnb from theft explains why photos, receipts, police reports, guest messages, and claim records matter.

How to reduce overstay risk before it happens

A guest overstay is easier to prevent than fix.

Use these controls:

• Clear checkout time in the listing
• Checkout reminder the day before departure
• Smart lock codes that expire after checkout
• No unauthorized extensions
• Extensions handled through Airbnb
• Strong guest screening
• Clear house rules
• No cash or casual side deals
• Post-stay inspection after checkout
• Backup plan for same-day turnovers
• Written process for late checkout
• Records for every guest message

Professional support also reduces risk. FullHome’s Toronto Airbnb property management service helps hosts with guest communication, checkout coordination, access control, cleaning handoffs, and issue response.

Overstays are also one of several owner risks that can turn a profitable listing into a stressful operation. This article on Airbnb hosting challenges covers other problems Toronto hosts face, including guest issues, damage claims, cleaning pressure, and documentation needs.

Short-term vs medium-term stays: why the difference matters

Some owners use Airbnb for both short stays and longer furnished stays.

That can work well, but it needs more careful documentation.

Short stays usually rely on platform rules, house rules, guest screening, and clear checkout records. Longer stays may need stronger agreements, clearer payment terms, written occupancy rules, and legal review.

If you accept stays of 28 nights or longer, do not treat them like weekend bookings. Longer stays can reduce turnover, but they may increase legal-status questions if something goes wrong.

A short-term rental strategy and a medium-term rental strategy need different paperwork, guest screening, pricing, and support. Our comparison of short-term rental vs long-term rental explains how the risks, cash flow, turnover, and management needs can differ.

How we can help?

A guest who refuses to leave can turn one booking into a legal, financial, and operational problem.

FullHome helps Toronto and Ontario Airbnb owners reduce risk with guest communication, booking oversight, smart access coordination, cleaning handoffs, inspection support, and documentation.

When a problem happens, clean records help owners respond faster and avoid risky decisions.

If you want a more organized way to protect your short-term rental, talk to FullHome about Airbnb property management in Toronto and across Ontario.

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FAQs

Is there an official Airbnb eviction notice in Ontario?

No. There is no single official Airbnb eviction notice form in Ontario. Hosts usually send a written overstay notice first. If the guest may be a tenant, legal advice is needed before taking further action.

Can I lock out an Airbnb guest who refuses to leave?

Do not change locks if tenancy status is unclear. If the person is legally a tenant, changing locks without the proper process can create illegal lockout risk.

Are Airbnb guests tenants in Ontario?

Some short-term guests may not be tenants, especially where the stay is truly temporary or vacation-style. But the facts matter. Long stays, repeated extensions, off-platform payment, and residential use can increase legal risk.

What should I write in an Airbnb overstay notice?

State the reservation number, checkout date and time, that permission to stay has ended, the deadline to leave, and that Airbnb, legal counsel, or authorities may be contacted where appropriate.

Can Airbnb remove the guest for me?

Airbnb can contact the guest, support platform communication, and help document the overstay. Airbnb cannot physically remove a person from the property. Removal must follow applicable law.

Can I sue an overstaying Airbnb guest in Ontario?

Yes, depending on the facts and losses. Ontario Small Claims Court can hear claims up to $50,000. Claims may include unpaid overstay charges, damage, lost bookings, and other proven costs.

Should I allow Airbnb stays longer than 28 days?

Longer stays can work for furnished rentals, executive rentals, relocation stays, and insurance housing. But they need stronger documentation, better screening, and legal review because the risk profile is different from a short stay.

Final takeaway

Ontario Airbnb hosts should not treat every overstay the same way.

A weekend guest who misses checkout may be a platform overstay issue. A longer guest who claims they live there may need a very different legal process.

Start with the facts. Contact Airbnb. Send a written notice. Keep records. Avoid lockouts, utility shutoffs, and property removal. Get legal advice when the guest’s status is unclear.

The safer process is slower, but it protects the host, the property, and the rental business.