Are landlords responsible for bed bugs?

The landlord is responsible. Alberta's minimum housing standards require the owner to keep the premises free of insect and rodent infestations, and the government tells tenants the landlord must keep the unit habitable at the start of and throughout the tenancy (it gives "no bed bugs" as an example). The tenant must report an infestation to the landlord, allow access for pest control and get the unit ready for treatment. A landlord may enter on 24 hours' written notice to control pests.

If the landlord has evidence that the tenant caused the infestation, the landlord can apply to the RTDRS or the Alberta Court of Justice to be paid back for the cost. If the landlord fails or refuses to deal with it, the tenant can ask Alberta Health Services for a health inspection. A tenant can also apply to the RTDRS or the court for a rent reduction or compensation; the RTDRS cannot order a landlord to do a repair.

The Residential Tenancy Branch says landlords are generally responsible for controlling insect infestations such as bed bugs. For other pests such as rodents, whether the landlord is responsible depends on the local standards of maintenance bylaw. The Residential Tenancy Act has no pest-specific section; the general duty to maintain the unit in a suitable state of repair applies.

It is the tenant's job to tell the landlord when the unit needs maintenance, and the Branch says repair requests should be in writing, describe the problem and allow the landlord reasonable time. If the landlord still does not act, the tenant can apply for dispute resolution and ask for an order that the repair be made, compensation and a rent reduction. Entry for treatment follows the normal written-notice rules.

The landlord deals with pests. The Residential Tenancies Branch guide says the landlord should investigate complaints, get rid of pests using commonly accepted methods and repair anything that lets pests in; it names bed bugs among the insects covered. Manitoba's health standard also says an owner cannot rent out a unit unless it is free of insect pests and rodents, and must keep it that way while a tenant lives there.

The tenant must keep the unit reasonably clean and uncluttered, tell the landlord about the problem early so it does not spread, allow the landlord or the exterminator in, and follow the preparation instructions. The Branch says that if the landlord has to re-spray, the landlord may choose to file a claim against the tenant for the cost of the second treatment. An officer can issue an order allowing the landlord to enter to exterminate.

Saskatchewan's Act and regulations have no pest or bed bug section. The government's repair page says the cost of treating an infestation is generally the landlord's, because the landlord must keep the unit in good repair and fit to live in, and that a landlord may claim the cost from a tenant who was at fault. The Saskatchewan Health Authority says landlords are responsible for keeping rental housing free of pests, and its inspectors can look at insect infestation as a health issue.

Tenants must keep reasonable health, cleanliness and sanitary standards. The health authority's guidance asks tenants to tell the landlord when something needs attention. We found no specific rule in the Act about preparing the unit for treatment, so ask the Office of Residential Tenancies if that becomes a dispute. A tenant who cannot get action can apply to the Office of Residential Tenancies.

The landlord is responsible. Ontario's maintenance standards say a residential complex must be kept reasonably free of rodents, vermin and insects, any extermination must follow municipal or provincial law, and openings must be screened or sealed against pests. The Landlord and Tenant Board says a landlord must take steps to control pests. We found no Ontario rule that is specific to bed bugs.

Tell the landlord in writing first. If nothing happens, a tenant can file a T6 application with the Board within one year of the problem; possible orders include a rent abatement, an order to do specific work by a deadline and repayment of out-of-pocket costs. The Board's own example of a claim a landlord can make against a former tenant is one where the tenant did not let the pest control technician in after proper notice. In Toronto, owners of buildings in the RentSafeTO program must act on pests once they learn of them.

The Residential Tenancies Act does not mention pests, insects or bed bugs. Pest control falls under the landlord's general duty to keep the unit in good repair and fit for habitation and to meet health and housing standards. Where a municipality has adopted the model property standards code, a dwelling must be kept free of rodents and insects, but that code places the duty on "owners", a term it defines to include tenants and occupants as well as landlords.

The tenant's route is a written complaint to the landlord. The landlord then has 7 days to comply; if not, the tenant can notify a residential tenancies officer. The Department of Health's bed bug guidance (guidance, not law) tells landlords to respond to complaints, inspect and use a licensed pest control operator, and tells tenants to report bed bugs and follow the preparation instructions. Public housing tenants should call their local Social Development office right away.

The Residential Tenancies Act and regulations have no pest or bed bug section. The landlord's statutory condition to keep the premises fit for habitation and to comply with health and housing standards applies, and the tenant is responsible for the ordinary cleanliness of the interior and for repairing damage caused by a wilful or negligent act of the tenant or a person the tenant lets in. In Halifax, a municipal by-law also requires buildings to be kept free of rodents and insects.

We found no provincial source that sets out a tenant's duty to report pests or prepare the unit, so tell the landlord in writing anyway and keep a copy. If the landlord does not act, the tenant can apply to the Director of Residential Tenancies, who can order the landlord to make a repair and pay reasonable expenses. For questions about a particular case, contact the Residential Tenancies Program.

The owner must prevent and treat infestations, and bed bugs are named. The public health rules for rental accommodation require the owner to take necessary precautions and treatment to prevent or eliminate infestations by cockroaches, bedbugs, fleas, rats, mice and other pests. The Rental Office says the landlord pays for treatment and a licensed pest control company should do it.

The tenant must notify both the owner and a public health official of an infestation immediately, in writing, and keep the unit clean and sanitary. If the landlord can prove the tenant is responsible for the problem, the landlord may try to keep the security deposit for the cost. Environmental Health may inspect and send the landlord a letter of the steps to take. A tenant can apply to the Rental Office for an order requiring treatment, and for a return of rent if the unit cannot be used because of the pests.

The Residential Tenancies Act does not mention pests or bed bugs. The landlord's first statutory condition applies: keep the premises in good repair and fit for habitation and comply with health, safety and housing laws. In municipalities covered by the occupancy and maintenance regulations, every dwelling must be kept free of rodents, vermin and insects, and extermination ordered by the enforcement authority is at the owner's expense. The tenant must keep the premises clean and repair damage caused by a wilful or negligent act.

We found no specific tenant duty to report pests or prepare for treatment, but report early in writing anyway. To push a landlord to act, serve a written Tenant's Request for Repairs, allow a reasonable time, then apply to the Residential Tenancies Office. The Office will not accept a repair application if the tenant's rent is in arrears.