Bed Bugs in a New Brunswick Rental: Who Pays?

The honest answer is that the official sources reviewed do not say. The Residential Tenancies Act, the General Regulation and the Standard Form of Lease were searched for bed bugs, pests, insects, vermin and infestation, and none of them uses those words. No statute or regulation reviewed says who pays for treatment, and no government page says a landlord may or may not charge the tenant.

That does not mean you have no duty. Section 3 of the Act requires a landlord to keep the premises in a good state of repair and fit for habitation, and to comply with health, safety, housing and building standards. Whether bed bugs make a unit unfit for habitation is not stated in the Act, so this is not a clear rule that bed bugs are always the landlord's cost. It is the general duty that an officer would be looking at.

Because the point is open, do not bill a tenant for treatment on the strength of a guess, and do not tell a tenant the cost is theirs. Ask the Tenant and Landlord Relations Office before you decide.

The Act on laws.gnb.ca was consolidated only to February 1, 2025, and Housing NB says a rewrite is targeted for fall 2026. Check the current version and the office's current guidance before you act.

The Office of the Chief Medical Officer of Health publishes a one-page sheet, "Bed Bug Information for Landlords". It is guidance, not law, but it is the clearest provincial statement of what a landlord is expected to do. It tells landlords to:

• respond to a tenant's complaint about bed bugs and inspect the unit for signs of them;
• inspect the surrounding units;
• consult a licensed pest control operator;
• treat all infested units together;
• give tenants sufficient time to prepare; and
• monitor how well the treatment worked.

The sheet recommends a licensed pest control operator for pesticide treatment and says cooperation between tenants and landlords is needed to prevent and control infestations. It also notes that removing clutter helps treatment work. You can read it on the province's landlord sheet.

A matching tenant sheet asks tenants to inform the landlord, do regular housecleaning, reduce clutter and follow instructions for preparing the unit before treatment. Treat these as expectations on both sides rather than as enforceable duties. A landlord who follows the guidance steps and keeps a record is in a better position if a dispute reaches an officer, but the guidance does not decide who pays.

The province approved a model Residential Properties Maintenance and Occupancy Code for municipalities to adopt. Where a municipality has adopted it, section 21(1) says a dwelling must be kept free of rodents and insects at all times, and extermination must follow generally accepted practice. The Code's definition of owner includes a tenant or occupant, so the Code does not place the duty on landlords alone.

This is a municipal rule that applies only where the by-law has been adopted. It is not part of the provincial Residential Tenancies Act. The sources reviewed did not check any named municipality, so ask your town or city whether it has adopted the Code and who enforces it. You can read the model text on the laws.gnb.ca regulation page.

Even where the Code applies, the sources do not say who pays for treatment as between you and the tenant. It tells you the standard, not the bill.

The Act has no pest-specific entry rule. The nearest rules in section 16 are:

• at least 7 days' written notice for normal repairs;
• at least 24 hours' notice for an inspection; and
• entry without notice in an emergency.

Which of these applies to a pest treatment is not stated. The inspection and the treatment visit may fall under different rules, so ask the Tenant and Landlord Relations Office. Whatever you choose, give written notice that states the date, the time window, who is coming and why. Entry is allowed only between 8 a.m. and 8 p.m. and not on a Sunday or holiday, except in the listed no-notice cases.

On refusal, be careful. The offence for obstructing a landlord's entry in section 16(4.5) is limited to entries for repairs under certain subsections. The province's landlord entry page says more broadly that no one may obstruct the landlord once proper notice has been served or in an emergency. Read both and ask the office whether a treatment visit counts. See also the landlord entry guide.

The Act does not say that refusing a pest treatment is a breach. If you serve a proper complaint and the tenant still does not cooperate, the general section 5 route is the nearest tool, but applying it to pest access is a reading of the sections and not an official statement. That route is a written notice stating the complaint, 7 days to comply for a complaint that is not about conduct, a written report to a residential tenancies officer if it is not fixed, and then possibly an investigation and a notice to quit (Form 4) at your request.

Because the outcome is uncertain, use the process to document cooperation first. Send a written notice with the treatment date and preparation instructions, give the tenant reasonable time to prepare, and record each visit and refusal. The repairs and maintenance guide shows how tenants raise a complaint on their side.

Neither the Act nor the sources reviewed describe a specific consequence for refusing treatment access other than the general rules above. Do not invent one in a notice.

Section 8 allows a security deposit to be applied for a tenant's failure to keep the unit ordinarily clean or to repair damage under section 4(1)(a) or (b). Whether bed bug treatment costs fit either category is not stated in the sources reviewed, and there is no government statement that a landlord may or may not charge the tenant. Get the office's view before you deduct from a deposit. The landlord security deposit guide explains the claim process.

The province's forms for a dispute are the Notice of Complaint and the Landlord or Tenant Application for Assistance, both on the solve-a-problem page. No pest-specific form was found. Public housing tenants are told to call their local Department of Social Development office, which applies to provincial public housing and not to private rentals.

1. Respond to the tenant in writing.
2. Inspect and inspect neighbouring units.
3. Hire a licensed operator and treat all affected units together.
4. Give notice and preparation time.
5. Keep records and receipts.
6. Ask the office before charging anyone.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.