- Municipalities may consider licensing or registering short-term rental hosts and collecting data to enforce home-sharing by-laws.
- Toronto, for example, requires registration under Municipal Code Chapter 547 alongside zoning.
- Noise, parties or other interference can become a private nuisance only if it is substantial and unreasonable.
- Your first stop is usually your municipality's rules and complaint process, with records of what is happening.
Living next to a short-term rental can mean a steady stream of strangers, late-night noise, extra cars and garbage that is not always handled well. You may wonder whether the property is even allowed to operate, and whether you have any legal options.
This article explains the main routes people look at in Ontario: municipal rules on licensing and zoning, and a civil claim in private nuisance. It is general information, and the details depend heavily on your municipality and on the facts.
Start with the municipality's rules
Short-term rentals are largely managed at the local level. Ontario's home-sharing guide for municipalities says municipalities may consider licensing or registering short-term rental hosts and operators, and collecting data to enforce home-sharing by-laws.
Toronto is one example. It requires registration under Municipal Code Chapter 547, and that sits alongside zoning. Other municipalities may handle things differently, and some may have little or nothing in place. The only way to know is to check your own municipality.
Two separate questions are worth asking. First, is a short-term rental allowed at that address under local zoning? Second, does the host need to register or hold a licence, and have they done so? The answers may be different, and each may lead to a different complaint route.
Zoning and registration complaints
If you think a neighbour is operating without a required registration, or in a way the zoning does not allow, the usual step is to contact your municipality's by-law enforcement or licensing office. Specific details make it easier for them to look into your concern.
- The address of the rental and how you know it is being rented, such as a public listing.
- Dates and times when guests arrive and when problems happen.
- Photos or videos of the issue, taken from your own property.
- Any complaint reference numbers you receive, so you can follow up.
A municipal complaint is not a court case. How a complaint is handled depends on your municipality, so it is worth confirming with a lawyer if you are unsure what to expect.
A nuisance claim against a short-term rental
Separate from any by-law, you may have a private nuisance claim if the rental interferes with your use or enjoyment of your home. The interference must be both substantial and unreasonable. Reasonableness depends on the circumstances, including locality, and on factors such as malice, frequency, duration and time of day.
| Situation | Why it may matter for nuisance |
|---|---|
| Loud gatherings late at night | Time of day and frequency are factors courts can weigh. |
| One noisy weekend | Duration and frequency count, so a single event may not be substantial. |
| Ongoing problems every weekend | Frequency and duration can strengthen a claim. |
| Rental in a quiet residential area | Locality is part of the reasonableness analysis. |
In a noise nuisance case, the Court of Appeal upheld a permanent injunction and held that the obligation to abate a nuisance falls on the party creating it, not the victim. That does not mean an injunction is likely in your case, but it shows that the burden to fix the problem rests with the one causing it.
A nuisance claim can be aimed at the person causing the interference. Who that is, such as the owner, the host or a guest, depends on the facts, and a lawyer can help you sort it out.
Guests who step onto your property
Sometimes the problem is guests wandering into your yard or driveway. Under the Trespass to Property Act, a trespass conviction carries a fine of up to $10,000, a figure increased by the Safer Municipalities Act, 2025. That Act also added aggravating factors such as prior notice to leave. The set fine for entering when entry is prohibited is $50.
Whether a particular situation counts as trespass depends on the facts, so it is worth confirming with a lawyer. If this is a recurring problem, record it and get advice on how to handle it. Do not try to confront guests physically.
What to do next
- Keep a log of incidents with dates, times and short descriptions.
- Save photos, videos and any listing details for the property.
- Look up your municipality's rules on short-term rentals, including any registration requirement.
- Talk to the host or owner politely. Many listings include contact details, and a clear request may fix the problem quickly.
- If that fails, file a complaint with the municipality's by-law or licensing office and note the reference number.
- If the disruption continues, speak to a lawyer about whether it is a substantial and unreasonable interference and what steps make sense.
Call police if there is an immediate safety concern. For ongoing noise or disruption, the municipal and civil routes above are more usual.
Frequently asked questions
Is Airbnb legal next to my home in Ontario?
It depends on the municipality. Municipalities may consider licensing or registering hosts and collecting data to enforce home-sharing by-laws. Zoning also matters, so check with your municipality about the specific address.
Who do I complain to about a short-term rental?
Usually your municipality's by-law enforcement or licensing office. Toronto, for example, requires registration under Municipal Code Chapter 547 alongside zoning. Give them dates, times and addresses.
Can I sue my neighbour for noise from guests?
A private nuisance claim is possible if the interference is both substantial and unreasonable. A court weighs factors such as locality, frequency, duration and time of day. It is worth getting legal advice before deciding.
Does a municipal complaint stop a nuisance claim?
How a municipal complaint and a nuisance claim fit together depends on your situation, so it is worth confirming with a lawyer. A lawyer can also help you decide whether to pursue one or both.
Sources
- Smith v. Inco Limited, 2011 ONCA 628 — ontariocourts.ca
- 1386444 Ontario Inc. v. 2331738 Ontario Ltd., 2022 ONCA 416 — ontariocourts.ca
- Safer Municipalities Act, 2025, S.O. 2025, c. 5 (Bill 6) — Ontario e-Laws
- Ministry of Finance – Home-Sharing Guide for Ontario Municipalities — files.ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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