My landlord won't get rid of roaches. What can I do?

The landlord is responsible. Alberta's minimum housing and health standards require the owner to keep the premises free of insect and rodent infestations. The tenant must report an infestation to the landlord, allow access and prepare the unit for treatment. A landlord may enter on 24 hours' written notice to control pests.

If the landlord does not act, the tenant can ask in writing first, then contact Alberta Health Services Environmental Public Health (inspectors do not reveal who complained). A tenant can also apply to the RTDRS or the Alberta Court of Justice for damages, a rent reduction or compensation for the cost of doing the landlord's job. The RTDRS cannot order a landlord to do a repair. A landlord who shows the tenant caused the infestation can apply to be reimbursed. Repair costs cannot be taken off the rent without the landlord's agreement or an order, and a landlord cannot evict a tenant for using rights under the Residential Tenancies Act or the Public Health Act.

The Residential Tenancy Branch says landlords are generally responsible for insect infestations, which covers cockroaches. For rodents such as mice, whether the landlord is responsible depends on the local standards of maintenance bylaw. The Residential Tenancy Act has no pest section, so the landlord's general duty to keep the unit in a suitable state of repair applies. A tenant who causes a problem through neglect can be responsible under the tenant's duty to repair damage.

Tell the landlord in writing, describe the problem and allow reasonable time. If the landlord still does not act, the tenant can apply for dispute resolution and ask for a repair order, a compliance order, compensation or a rent reduction. An expedited hearing is available for urgent health and safety or security repairs. A tenant may not make ordinary repairs and charge the landlord without the landlord's written agreement. The Act's emergency repair list covers major leaks, blocked water or sewer pipes or plumbing fixtures, the primary heating system, defective locks and electrical systems; pests are not named on it.

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. Manitoba's health standard also says the premises must be free of insect pests and rodents.

The tenant must keep the unit reasonably clean, tell the landlord about the problem, allow entry and follow the preparation instructions. The Branch says that if the tenant did not prepare and the landlord has to re-spray, the landlord may claim that cost. If the landlord does nothing, ask in writing, then file a Tenant's Request for Repairs with the Branch, which can inspect and issue an Order to Repair with a deadline. The Branch usually will not proceed while rent is owing unless there is an immediate health or safety risk.

Saskatchewan's Act and regulations have no pest 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 the 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 and rodent infestations.

A tenant who cannot get action can apply to the Office of Residential Tenancies, which can order the landlord to comply and can award damages. We found no requirement in the Act for a written request before applying, but writing first gives you a record. 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.

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. The Landlord and Tenant Board says a landlord must take steps to control pests such as cockroaches and mice.

Tell the landlord in writing first. If nothing happens, a tenant can file a T6 application with the Board within one year of the conduct. 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 a tenant who refused entry to a pest control technician after proper notice. The Board says a tenant should not withhold rent for repairs not done, but a tenant can ask the Board to let them pay rent into the Board until the application is decided. Our research did not cover whether a landlord must disclose past pest problems, so ask the Board if it matters to your case.

The Residential Tenancies Act does not mention pests. 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 uses the word "owner" in a way that includes tenants and occupants.

The tenant's route is a written complaint to the landlord, dated and signed, with the address. The landlord then has 7 days to comply; if not, the tenant notifies a residential tenancies officer in writing. The officer can order compliance by a set time. The Department of Health's bed bug sheets are guidance, not law, but they show the usual approach: the landlord responds, inspects and uses a licensed pest control operator, and the tenant reports and follows the preparation instructions.

The Residential Tenancies Act has no pest section. The landlord's statutory condition to keep the premises in a good state of repair and fit for habitation, and to follow health and housing laws, applies. The tenant is responsible for the ordinary cleanliness of the interior and for wilful or negligent damage. 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 repair and reasonable expenses, order compensation, or order rent to be paid to the Director in trust. The provincial renting guide says rent should not be withheld. For a particular case, contact the Residential Tenancies Program.

The owner must prevent and treat infestations. 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, 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. The landlord's first statutory condition applies: keep the premises in good repair and fit for habitation and follow 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.