Are Landlords Responsible For Bed Bugs In Ontario?

A Bed Bug Problem Falls Within the Maintenance Duties of a Landlord. A Tenant Must Co-operate With the Eradication Efforts.
A Helpful Guide on How to Determine Whether the Landlord or the Tenant is Responsible for Exterminating Bed Bugs

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.  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, whom the landlord may believe are the source of the infestation.

Specifically, section 20 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 (the "RTA") says:

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.

That being said, a landlord will need to actively address a bed bug infestation.  If the landlord fails to do so, the tenant may be within rights to apply to the Landlord and Tenant Board for an order to determine if the landlord failed to meet the statutory maintenance obligations.  The tenant may do this by filing an Application, known as a T6 application, with the Landlord Tenant Board.  If the tenant is successful at a Landlord Tenant Board hearing, the tenant may be entitled to a rent abatement and/or compensation for belongings which may have been discarded as a result of the inaction, being failure to address the bedbug issue, by the landlord.

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 and 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 thereby caused increased costs to the landlord.

Summary Comment

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.

Hooshmand Paralegal provides affordable legal advice and professional representation including Landlord Tenant Board services for clients located in St. Catharines, Niagara Falls, Port Colborne, Fort Erie, Burlington, among other places!
Get a FREE ½ HOUR CONSULTATION

Do You Have a Case? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to Hooshmand Paralegal

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a Hooshmand Paralegal representative.
Hooshmand Paralegal

P.O. Box 25021 Pen Centre
St. Catharines, Ontario,
L2T 2K0

P: (905) 360-0233
F: (866) 829-1565
E: help@hooshmandparalegal.com

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







Hooshmand|Paralegal

SSL Secured
Trust https://hooshmand.legal


Animated Spinner