VANCOUVER -- A man who leased a home in Burnaby specifically so he could run an Airbnb rental business there has had his lawsuit against the landlord dismissed on the grounds that he agreed to terminate his tenancy and his business was illegal in the first place.
Sun claimed those three entities should be ordered to pay for income he lost when the lease on the property ended early, as well as for the cost of furniture he purchased for the rental business and resold at a loss. According to the decision from provincial court Judge Wilson Lee, Sun and Duan signed burnaby findsomeone residential tenancy agreement in December for the property at Kaymar Dr.
Indeed, the parties also signed an addendum burnaby findsomeone the tenancy agreement stating that the tenant had a burnaby findsomeone to operate a short term rental business" on the property. Sun said the burnaby findsomeone had "six or seven bedrooms," as burnaby findsomeone as "a burnaby findsomeone hall that held three king-sized beds and a downstairs hall that held two king-sized beds," according to Lee's decision.
Sun began listing the home on short-term rental websites, including Airbnb, burnaby findsomeone January By April, the City of Burnaby had taken notice. A letter from the city to Luo and Duan informed them of the city's zoning bylaw, which does not permit anything other than single-family residences in the zone where the property is located. After the property owners received the letter, they negotiated burnaby findsomeone Sun and eventually signed a mutual agreement to end his "tenancy.
Sun argued before the court that he signed the agreement under duress, and therefore is not bound by it and can seek compensation for the loss of income caused by the termination of the lease.
The judge dismissed this notion in his decision. Sun is actively involved in the burnaby findsomeone of short-term rentals and gives advice burnaby findsomeone others in the same business," Lee wrote in the decision. It is clear to me that he is more than capable of negotiating an agreement. There is no basis to find that the mutual agreement was voidable for reasons burnaby findsomeone duress.
Sun also disputed the City of Burnaby's authority to issue him a fine, arguing that there was no bylaw prohibiting short-term rentals in the city. I was in fact able to burnaby findsomeone the relevant bylaws with burnaby findsomeone quick search. The decision also notes that Sun admitted to operating his business without a business licence, which is also a violation of city bylaws. Though not addressed by any of the defendants in their submissions to the court, the illegality of the business was also a sticking point for Lee.
Sun to burnaby findsomeone from that illegal business. This court will not be used to support such a claim. Accordingly, I will also dismiss Mr.
Lee also dismissed Sun's claims against Luo, who was not a party to the lease agreement, and Green Team Realty, which Sun made no allegations of wrongdoing against.
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