Facing a lawsuit in Montreal, advice/info sought

[Shelagh14]

Hello hosts, I've received notification that Revenue Quebec is taking me to court for operating a tourist accommodation without a license. The minimum fine is $3750. Apparently they looked online and saw that on specific dates in May my home was listed on Air BnB, the agent plugged in dates for three nights and saw that she could have booked it. The thing is that when I listed my home the city told me I needn't get a license because, at the time, such wasn't required if I was listing my residence, which I was. Since then the law has changed, but when I checked Air BnB's info they are still advising Montrealers that if you're renting your residency you don't need a license from the province.

I've since changed my listing to 31 day minimum, which means it's not considered "short term" and so is outside the restrictions from the province.

I'm wondering if anyone out there has had a similar experience and how they resolved it. The minimum fine of $3750 is beyond my capabilities these days but going to court to fight this could cost more if I lose. I'm curious if anyone has gone that route and what they learned. 

Thanks in advance for your help!

Shelagh14

[Shelagh14]

Glad to hear the Air BnB is looking into it on your behalf. Registering with CITQ wasn’t an option in my area. I had no choice but to pay the fine and change the terms of my listing. I spoke with somebody who was involved in rewriting the city bylaw limiting rentals and he said the original intent was never to target homeowners who on occasion rented their primary residences. It seems, however, that if a formal complaint is made by a neighbour then Rev QC barrels ahead. 

[Harsimran1]

Hello I am nin simsilar situation me and my husband get letter to pay fine of 3750 +3750 which is way alot. But as per my understanding Certificate was not required by Primary houses when I started. And now they have changed it then why we should pay fine. Do anybody know when Rules are changed for Primary residence?

[Alix132]

Me too, however I don't find help and info about it! it is a lot of money.

[Kia461]

Hi everyone one 

I have received the same letter for fine of 3750 

i have only rented my primary residence for 11 days in total and was not aware of existing of such rules. The fine amount seems a little bit unjust for someone who is not aware of the rule and has barely made $ 1000 Is there any success stories out there ?  Any help we can get ?

[Alix132]

@Kia461 I am in the same situation and I cant find a lawyer or someone who shares their experience. 

Please reach out to me if you want to consult a lawyer together.

[Wilson65]

Hello @Alix132 I recently received the fine. Could you please share what's the latest update or your thoughts on the fine. Did you consult with lawyer? Thank you so much

[Alix132]

I have a trial tomorrow, will let you know what happens

[Z26]

Hi Alix, how did it go with trial?

[Brian20]

ok

[Aniketh0]

Hello I received a lawsuit of 3750$ for me and my wife. Can we contest and what kind of help we can get.Could you please reply for some sugestions

[Wilson65]

Hello kia461, I also received the fine. Did you pay finally or you went to the court. Thanks for sharing 

[Genevieve299]

Did you have any success contesting the fine?

[Aniketh0]

Hello I received a lawsuit of 3750$ for me and my wife. Can we contest and what kind of help we can get.Could you please reply for some suggestions

[Anthony1631]

Hey guys , good morning 

If was hope to have a great start for the winter season I have 3 rooms in this new apartment I am renting….but After chiming in on this conversation….I see there are changes in how they would like to proceed…

my questions is we are not going to be able to charge a premium for the AIrBNB life style on 30 days plus rental ? Who’s going to put  3k minimum  for 30 days locked in rental 

…put on your thinking hats guys because 

if we pay rent bills and insurance …we should be able to take advantage of our space 

[Helen3]

You absolutely can do longer term rentals in your accommodation @Anthony1631

What you can't do is to operate an illegal STR against your local government legislation which restricts STRs in order to protect local communities.