Bed Bugs in a Saskatchewan Rental: Who Pays?

The Government of Saskatchewan's Requesting Repairs page says costs of treating an infestation are generally paid by the landlord because of the landlord's duty to maintain the unit. It also says a landlord may claim the costs from the tenant if the tenant was at fault for the infestation.

That is government guidance, not a section of the law. A search of The Residential Tenancies Act, 2006 and the Regulations found no section on bed bugs or pests. The guidance rests on the landlord's general duty under section 49(1)(a) to keep the unit fit for habitation, use and enjoyment, and on the tenant's duty to repair damage they cause (s.49(6)).

In practice, plan to pay for treatment first and then decide whether you have a real basis to claim it back. Related: repairs and maintenance in Saskatchewan.

The same government page says tenants must report infestations of bed bugs or other pests to the landlord right away, and give the landlord a reasonable amount of time to fix the issue. It also says tenants must cooperate with landlords, exterminators and pest control companies in the process of fixing the issue.

Both statements come from the page's guidance text. No statute section was found for them. Nor does any source reviewed set a deadline for you to treat, which means "reasonable" is the only measure. Move quickly, keep dates, and keep the exterminator's reports.

The sources reviewed also do not say whether the tenant must prepare the unit for treatment, for example by laundering items or moving furniture. If you want the tenant to do those things, put the instructions in writing with the treatment date and ask the tenant to confirm, but do not describe it as a legal duty.

There is no separate pest treatment entry rule in the Act or Regulations. The general entry rules in section 45 apply. You may enter if you have:

1. The tenant's permission, given up to 7 days before the entry or at the time.
2. Written notice of at least 24 hours and not more than 7 days that states a reasonable purpose and the date and time, with an entry window of no more than four hours between 8 a.m. and 8 p.m. unless the tenant agrees otherwise.

An emergency to protect life or property is also a lawful reason to enter. Approved notice of entry forms are on the Office of Residential Tenancies (ORT) online portal under New Notice, as described on the Landlord's Right to Enter page. For more, see landlord entry in Saskatchewan and are landlords allowed to enter the property.

Improperly denying you access for a section 45 entry is a ground to end the tenancy by notice (s.58(1)(p)). Treat it as a last step. Before you can end a tenancy on that ground, you must give the tenant a reasonable period to remedy. The notice must end the tenancy no earlier than one month after the tenant receives it, and the tenant has 15 days to dispute it in writing (s.58(2), (3), (5)). If they dispute it, you apply to the ORT and carry the onus.

The sources do not give a faster route, so use proper notices and keep a record of each attempt. If the tenant is ignoring your notices, see when a tenant refuses entry in Saskatchewan.

The Government of Saskatchewan's bed bug page is public health guidance, not tenancy law. It says an infestation does not mean a home is being cleaned poorly. That matters when deciding fault: the presence of bed bugs alone does not show a tenant was at fault. The page lists removing clutter and eliminating hiding places, and being prepared, as steps before professional treatment. It encourages tenants to notify the landlord once bed bugs are confirmed, and tenants may contact their local public health inspector.

The Saskatchewan Health Authority's Safe Rental Housing page also says landlords are responsible for keeping rental housing in good repair and free of pests, and tenants for notifying the landlord. It says public health inspectors may investigate certain rental housing conditions on a complaint basis.

Municipal rules apply only in that city. The City of Saskatoon's property maintenance bylaw requires yards and accessory buildings to be kept free of infestation by rodents, vermin and insects. No clause naming infestation inside a dwelling unit was found in it. Other cities were not reviewed.

These points are not stated in the Act, the Regulations or the government pages reviewed. They are not banned or allowed. They are simply silent, so ask the ORT.

• A legal duty for the tenant to prepare the unit for treatment.
• A deadline for the landlord to treat.
• A right for the landlord to charge a flat treatment fee.
• ORT guidance on a tenant who refuses to prepare.

If you do want to recover treatment costs from a tenant you think was at fault, the route is a claim: apply to the ORT under section 70 (fee $50, not refundable), or claim against the security deposit within the timelines in the Saskatchewan security deposit guide. Bring the exterminator's report and your dates. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.