Is the Landlord or Tenant Responsible For Treating Bed Bugs?
In Ontario, Landlords Are Legally Bound to Address a Bed Bug Infestation. A Landlord Who Fails to Do So, May Be Ordered By the Landlord Tenant Board to Compensate a Tenant. A Tenant Must Assist the Landlord.
Determining Whether the Landlord or the Tenant is Responsible for Exterminating Bed Bugs and Any Consequential Losses
The occurrence of bed bug infestations in recent years appears more frequent than every before and the difficulty arising from a bed bug infestation is also a frustratingly disruptive and costly process. A landlord often worries about eradication difficulties requiring multiple treatments and a landlord may seek to pass the costs of bed bug treatment to tenants. The attempt to pass such costs along occur most often in circumstances where the landlord believes that the tenant, or tenants, are the source of the infestation. However, whereas bed bugs issues are a maintenance issue, the requirement to incur the effort and costs are prescribed by section 20 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 which states:
20 (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.
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:
18. The Ontario Court of Appeal in Onyskiw v. CJM Property Management Ltd. (2016 ONCA 477) determined that landlord is not automatically in breach of their maintenance obligations as soon as a problem arises and a contextual approach is necessary in determining whether or not a landlord has breached their maintenance obligations under section 20 of the Act. That approach involves a consideration of the “entirety of the factual situation” before determining that a landlord is in breach of their maintenance obligations.
19. The question is whether the Landlord took reasonable and timely steps to exterminate the bed bugs after the Landlord was informed of the presence of the bedbugs in the Tenant’s rental unit.
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.
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.