Residential Tenancies Branch

s. 2, 3(1)(a) and 116(1)(a), The Residential Tenancies Act

Definitions

A room or a suite in a building such as a motel or hotel, may fall under the Branch’s jurisdiction, unless it is occupied on a transient (temporary) basis. However, this type of accommodation is always exempt from the rent regulation provisions of the Act.

The Branch looks at the circumstances and the agreement between the parties to decide whether hotel-type accommodation falls under the Act. Factors that may be considered include:

• whether the occupant has exclusive possession of the rented premises;
  
• whether the rented premises are the occupant’s principal residence;
  
• the degree of control exercised by the owner, taking into account matters such as keys, curfews, cooking arrangements, cleaning, rules about guests;
  
• the duration of the occupancy;
  
• the intent of the parties;
  
• the terms of the agreement, including any notice provisions;
  
• whether the occupant has paid a security deposit;
  
• whether the rent is paid on a daily, weekly or monthly basis

For example: A person who lives in Brandon and checks into a hotel in Winnipeg for a week’s vacation at a daily rate is not a tenant under the Act. However, a person who has no other residence and moves into a hotel room for an indefinite period at a monthly rent, will probably be considered a tenant. Between these extremes, there is a grey area. Each situation is decided on its own facts.

Procedure

Overview

This policy is included as information for landlords, tenants and officers. If tenants and landlords aren’t able to solve a problem with a motel/hotel tenancy, they can ask the Branch for help.

Steps ▼

1.The officer encourages the landlord and tenant to share information and to discuss the problem, to try to come to an agreement.

2.When a landlord or tenant asks the Branch for help with a motel/hotel tenancy issue, an officer follows the procedures for:

• mediation
• hearing

Forms & Form Letters

Standard Residential Tenancies Agreement
............................................................ Form 1, Residential Tenancies Regulation

X-Referencing

For information on mediation, see Section 1.
For information on hearings, see Section 11.

Policy Developed

February, 2004

Last Revision

May, 2015

Other Resources

None

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