Treating Bed Bug Infests:

Question: What should I do as a tenant in Ontario if bed bugs are found in my rental unit and I think the landlord is not responding fast enough?

Answer: Access Ontario Legal Services can help tenants in Ontario understand landlord and tenant duties for bed bug treatment, including how the Residential Tenancies Act, 2006 requires the landlord to maintain the rental unit in a good state of repair and fit for habitation, while the landlord must take reasonable and timely steps after being informed of bed bugs;   and that tenants typically need to cooperate with pest control instructions and allow access to treatments. If the landlord is not taking proper steps, the tenant may apply to the Landlord Tenant Board using a Tenant Application About Maintenance (Form T6) to seek an order for the landlord to do maintenance and potentially pursue rent abatement and compensation for discarded belongings. L.O. v. B.P., TET-10802-20 (Re), 2020 CanLII 61323, and Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, support a contextual, reasonable-steps analysis rather than automatic breach. If you want help assessing your timeline, documenting the infestation and responses, and preparing next steps at the Landlord Tenant Board, call (905) 302-1851 to speak with a paralegal at Access Ontario Legal Services today. 

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

Frustratingly, bed bug infestations have increased significantly in recent years and dealing with a bed bug infestation may be a highly 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:

Accordingly, it is the responsibility of a landlord to address a bed bug infestation.  If the landlord fails to do so, the tenant may be within rights to apply to the Landlord Tenant Board for an Order to deeming that the landlord failed to meet the statutory maintenance obligations.  The tenant may do this by filing a document known as a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board.  If the tenant is successful with the argument that the landlord failed to maintain the rental unit, or rental complex, by failing to take adequate measures to remedy a bed bug problem, the tenant may be entitled to a rent abatement and/or compensation for belongings which may have been discarded as a result of the failures by the landlord.  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.