Treating Bed Bug Infests:

Question: What are a landlord’s and tenant’s duties in Ontario when a bed bug infestation is reported, and can the landlord recover treatment costs from the tenant?

Answer: Benchmark Legal Offices can help Ontario tenants and landlords understand their duties and options under the Residential Tenancies Act, 2006, especially that a landlord must take reasonable, timely steps to exterminate bed bugs once informed and must maintain the rental unit in a good state of repair (including health and safety standards), while tenants must cooperate with preparation and access for pest control because failure to participate can lead to increased treatment visits and costs that the landlord may seek to recover from the tenant; if the issue is not handled promptly or properly, tenants may apply to the Landlord Tenant Board using a Tenant Application About Maintenance (Form T6) to request an order, possible rent abatement, and compensation for certain lost belongings, and these disputes generally require a contextual review of the landlord’s actions rather than automatic liability the moment bed bugs are found.   If you need help assessing responsibilities, evidence, and next steps, call (289) 389-8840 to speak with a lawyer & paralegal office serving Ontario clients.

Duties of a Landlord and a Tenant When Addressing Bed Bug Infestations

The occurrence of bed bug infestations in recent years appears more frequent than ever before and the difficulty arising from a bed bug infestation is also a frustratingly disruptive and costly process. Reasonably so, landlords often worry about the multiple treatments required to eradicate bed bugs and a landlord will often ask if the costs may be passed through to the tenants, especially where the landlord may believe the tenants are the source of the infestation.  However, as bed bugs are a concern relating to a maintenance issue, such is governed by section 20 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 which explicitly says:

As above, per the Residential Tenancies Act, 2006, the landlord is responsible for the effort and costs incurred to remedy a bed bug problem. If the landlord to take proper efforts, a tenant may seek an Order from the Landlord Tenant Board directing the landlord to do so. To do so, the tenant may apply using a Tenant Application About Maintenance (Form T6) document.  At a subsequent hearing at the Landlord Tenant Board, if successful, the tenant may receive the Order directing the landlord to perform proper maintenance and the tenant may also receive a rent abatement as well as compensation for the value of any belongings that were thrown away because of the bed bug infestation.  With this said, it is notable that the presence of bed bugs fails to make the landlord immediately responsible for losses or stresses to the tenant whereas the law requires a landlord to act reasonably, rather than perfectly, in maintaining the rental unit, or rental complex; and accordingly, a contextual review of the maintenance efforts of the landlord is required.  Simply said, the law is without a mandate that the landlord must insure against the presence of bed bugs.  Specifically, per the case of L.O. v. B.P., TET-10802-20 (Re), 2020 CanLII 61323 it is said:

Although the landlord is duty bound by the statute and therefore is ultimately responsible to take prompt and proper steps for the treating of a bed bugs situation, the tenants are duty bound and required to co-operate and participate in the process to assist and ensure the timely, effective, and hopefully successful, efforts of the landlord.  Pest control companies provide detailed instructions outlining how to prepare the rental unit for treatment.  This will often include removing excess items from shelves, laundering all bedding and clothing, and moving furniture away from the walls.  If the tenant fails to adequately prepare the unit for treatment the landlord may incur additional costs due to unproductive or additional visits by the pest control company.  Where the tenant failed to co-operate and participate in the process, and thereby failed to adequately assist the landlord in the eradication process, the landlord may apply to the Landlord Tenant Board in an attempt to recover the additional costs caused by the tenant.  When attempting to recover the additional costs, it is the landlord who must prove that the tenant failed to co-operate and that the lack of co-operation caused, or contributed, to the increased costs incurred by the landlord.

Conclusion

Generally, the treatment of bed bugs falls within the maintenance responsibility of a landlord.  A tenant is required to act reasonably in assisting the landlord in the eradication of bed bugs by enabling access to exterminators, among other things.  If the tenant impairs eradication efforts, the tenant may be liable to the landlord for aggravating expenses incurred by the landlord.