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What counts as 'vacant' for Toronto's municipal vacant home tax if I only stay there part-time?

TSL Written by the Treadstone Law team· Updated August 2026

Whether a property counts as "vacant" generally turns on whether it's used as a principal residence, or actually lived in for a set portion of the year, by you, a permitted occupant, or a tenant. A property you only use part-time - a pied-a-terre you stay in occasionally but that isn't really your main home and isn't rented out - can be treated as vacant under the bylaw unless it happens to qualify under one of the city's specific defined exemption categories.

This is one of the more misunderstood aspects of the tax, because owners sometimes assume that any personal use at all, even occasional, is enough to avoid the tax. It generally isn't, if the actual occupancy falls short of what the program requires. The specific exemption categories and occupancy thresholds are part of the municipal program and can be updated, so if you have a property you use only occasionally, it's worth checking the current year's exact occupancy requirements and exemption list directly, rather than assuming part-time personal use is automatically enough on its own to avoid being classified as vacant.

Key takeaways

  • "Vacant" generally turns on whether the property is genuinely lived in as a residence for a set portion of the year.
  • Occasional personal use, like a pied-a-terre, can still count as vacant under the bylaw.
  • Specific exemption categories may apply, but general part-time use alone usually isn't enough.
  • Occupancy thresholds and exemptions are set by the municipal program and should be confirmed for the current year.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone tax lawyer can help.
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