Thursday 30 October 2014

Bedbugs: Can the Landlord Make a Tenant Pay the Cost of Treatment

It is not infrequent that I get calls from tenants and landlords alike asking about the costs that go with dealing with bedbugs.  Landlords, most often, are concerned about the costs of seemingly never-ending treatment by professional pest control contractors.  Landlords want to pass on the costs of treatment to the tenants or sometimes more specifically to tenants they have identified through whatever means as the source of the infestations.

Tenants of course, are extremely unhappy about the costs that they bear as a result of infestations.  It takes a lot of time and hassle to get ready for a bedbug treatment.  At a minimum, a tenant will have to take all washable clothing, jackets, fabrics, stuffed toys, and wash them and dry at high temperatures to kill any bugs.  Further, tenants will have to bag their items, move the furniture in their home and be ready to be inconvenienced for an extended period of time.  Some property might also have to be thrown out as pest treatment for some things just aren't possible.

One fact that everyone can agree upon is that dealing with bedbugs is an expensive and highly disruptive process.

So, can a landlord make a tenant pay for the costs of treatment?  The straightforward answer, in the vast majority of cases is "no".  For the most part, maintaining a rental property to a standard that is fit for habitation requires a landlord to spend the money to treat for pests.  Bedbugs, ants, cockroaches are all part of the same over all problem and are the responsibility of the landlord.  At the time of writing this article I am unaware of any Board decisions that impose the entire cost of pest control treatment on a tenant.

There are, however, some exceptions to the landlord being solely responsible for treatment costs.  The presence of bedbugs, specifically, is something that is very difficult to source.  How did the bedbugs get in the unit?  The presence of bedbugs is not usually attributable to the condition of the building.  Nor is their presence necessarily attributable to whether a tenant is clean and maintains their unit.  Bedbugs can infest a perfectly constructed and new building and further they can infest a perfectly clean and meticulously maintained apartment.  The fact is that bedbugs can hitch a ride into any kind of building--in furniture, clothing, luggage, and even in new furniture that comes into contact with old furniture in moving trucks.

The point about bedbug infestations is that it is incredibly difficult to determine where exactly the bugs came from.  There are, of course, exceptions.  Some known risky sources for bedbugs is used furniture, stereo equipment and even used books.  In buildings where tenants source furnishings for their units from "free" sources or used places there tends to be a higher incidence of bedbug infestation.  Where it becomes increasingly clear that a particular tenant is introducing bedbugs into a unit or building by bringing "risky" furnishings into the building it may indeed be possible to bring eviction proceedings against the tenant for doing so.  It is possible to assert that the costs associated with bringing infested furnishings into the apartment complex--contrary to an agreement not to do so--can be the basis for claiming the costs of bedbug treatment.  In my experience, claims founded on such allegations tend to work after numerous treatments and observations of the tenant introducing bedbug infested furnishings into their unit.

Another avenue of possible financial recovery for bedbug treatment against a tenant is when the tenant fails to adequately prepare for treatment.  The ability of bedbugs to survive treatment is quite high.  For treatment to have the best possible chance of success, a tenant is required to prepare their unit for treatment.  Pest control companies normally have a unit preparation sheet that sets out a whole list of things that need to be done to make a unit ready for treatment.  That sheet needs to be delivered to the tenant well in advance of the intended treatment and it needs to be stressed to the tenant that the instructions need to be complied with.  While many landlords don't do it, I strongly urge landlords that I represent to not only deliver the instructions sheet but to also contact tenants to ask if they need any help in complying with the instructions.  It is in the interest of both the landlord and the tenant that a unit be properly prepared for treatment.

If a tenant fails to prepare a unit properly for treatment the landlord will normally receive a report from the pest control company that the unit was not sprayed as it was not properly prepared or that the unit was treated but that the failure to prepare it properly likely will mean that treatment will not be effective.  The end result is that the cost of treatment will increase as the pest control company will  be invoicing the landlord for multiple treatments or wasted attendances due to incomplete preparation of the unit for treatment.  These costs can indeed be used in a Notice of Termination and charged back to a tenant if there is no good excuse for the failure to prepare the unit for treatment.  In this respect, having documented not only the delivery of the preparation sheet but also the inquiry to the tenant about them needing "help" to prepare is useful evidence.

In summary, in the vast majority of situations, the cost of treating for bedbugs is the sole responsibility of the landlord.  Bedbugs are a pest, like other pests, that simply are a reality of modern living that the landlord needs to anticipate as part of its maintenance obligation.  The same is true with respect to the impact of bedbugs on tenants living and their property.  For the most part, so long as a landlord follows the advice of a licenced pest control company and that advice is comprehensive and sound, a landlord will not be liable to a tenant for the inconvenience associated with a bedbug infestation.

Michael K. E. Thiele
www.ottawalawyers.com


84 comments:

  1. Do landlords (or property management companies in my case) have to hire certified pest control companies? My property manger hired a green pest control company that isn't certified and has no licensed technicians. As such I still have cockroaches in the apartment. (I also had to was off some of the gel because it was right in the front of my cabinets where my children's hands would go right in it.) Is this legal?

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    1. Hi:

      A landlord has the obligation to maintain and repair a rental unit and maintain it to a standard that is fit for habitation. When there is a pest infestation (cockroaches, bed bugs, etc.), the landlord is required to respond to the infestation by dealing with it. Generally speaking, the landlord avoids liability for not maintaining the unit to a standard of "fit for habitation" by demonstrating that the landlord, upon learning of the infestation, hired a professional to deal with the problem in an expeditious manner.

      Must the landlord hire a "professional"? No, there is nothing in the RTA that requires the use of professionals or licensed individuals for pest control (so long as the products used may be used by unlincensed persons). In theory, the landlord could go to Canadian Tire, buy some product and do it himself. He could also hire a "green" pest control company as in your case. However, if the "do it yourself" treatment did not work, or if the "green" company process did not work and the tenant continued to suffer from the infestation then it is arguable that the landlords manner of proceeding was not reasonable nor expeditious. By choosing a method that does not return the apartment to a state of "fit for habitation" as soon as possible the landlord opens himself to liability and a tenant application for an abatement of rent and other damages. Of course, if the "other" methods work then there is nothing to complain about. The risk of proceeding in this way is the landlords.

      Hope that answers your question.

      Michael K. E. Thiele
      www.ottawalawyers.com

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    2. I have read many of your responses on the matter of bed bugs! By far the best resource I have found on the topic! I truly appreciate your time, contribution, and knowledge on the issue.
      My issue is that I returned after being away for 2 weeks over the holidays, to find bed bugs in my unit. I immediately emailed the landlord regarding the issue at 3am. I complied with all washing and prep work. The landlord is now telling me that I have to pay the large bill for treatment of 3 units in a 30+ unit building. I do not believe I am the source, as I have had to remove bats personally from my unit.
      How do I combat these allegations? And what are the steps and actions I can take to not pay?
      Thank you again, this has been a stressful time, and your blog has been the first piece of good news!
      -Jordan

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  2. My landlord didn't inform us that there was a bed bug infestation. I saw the pest control here last Friday and then started getting bit. I had to ask for them to bring the pest control here. Are they not responsible to tell us?

    Also while my place is being treated. I will have no where to sleep. Are they required to put me up in a hotel?

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    1. Hi Jennifer: The answers to these questions are not explicitly set out in the Residential Tenancies Act. Accordingly, there will always be some debate about exactly what a tenant or landlord is required to do. In my view, if a landlord is aware of an infestation in a particular tenant's unit then the landlord is obliged to inform the tenant of that infestation. Is the landlord obliged to inform a tenant of an infestation in another unit in the building? My answer to that is "it depends". If the infestation is such that it needs to be of concern to other tenants then I imagine the answer is yes. However, if the infestation is localized and unlikely to require action of other tenants then the answer is likely "no". Depending on the type of infestation, an infestation of say bedbugs in one area of the building does not mean that there will be an infestation throughout the building. In larger buildings you have actually have spot treatments going on throughout the building.

      I would be surprised if your bedbug treatment required you to sleep away from your rental unit. The last pest control technician I examined provided a 4 hour window of time that no one could be in the unit after treatment. That time frame would not normally take you out of the unit over-night.

      If you have a treatment that requires you to be out of the unit overnight it is arguable that the landlord should pay for accommodation. Presently, the chance of getting an order requiring the landlord to pay for a hotel is unlikely, but certainly as the pendulum swings in these cases there have been decisions from the Court where landlords have been ordered to pay for the cost of accommodation. The usual outcome today (after hearing at the Landlord and Tenant Board) is that tenants bear the cost of getting ready for treatment---and they get the unit ready---and the landlord pays for the treatment. It would be unusual to require the landlord to put a tenant up in a hotel, pay for preparation etc..

      Michael K. E. Thiele
      www.ottawalawyers.com

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  3. My landlord has given me notice that a pest control company will do a preventative maintenance inspection of my apartment. This is because apartments near mine have had bed bug treatment. There is no trace of bed bugs in my apartment. Do I have to submit to the full treatment if there is no trace of bed bugs in my apartment, and if I am doing my own preventative maintenance? Thanks.

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    1. Hi: For the most part the answer will be "yes". The landlord may give a proper 24 hour notice to do this inspection. It is a reasonable notice to deal with a real problem. The treatment if any will be recommended by the pest control expert. If you disagree with that pest control expert (because you have your own expert), then you could bring an application to the Board seeking an Order that the Landlord not conduct the work. The adjudicator would decide whether the landlord may proceed or not and of course the adjudicator would hear the basis of your objection.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  4. "in the vast majority of situations, the cost of treating for bedbugs is the sole responsibility of the landlord." I don't see your answer to Jennifer's question, which was a good one. Mine is similar. Can a tenant require that the landlord bear the cost of 3rd-party unit preparation, especially in the case of re-infestation when the tenant believes that the re-infestation is a result of insufficient effort to prevent the reoccurence?

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    1. Hi: Certainly a tenant may require a landlord to bear the cost and that may lead to a fight before the Board. The tenant's case gets stronger if the tenant is able to demonstrate that the treatment to date has been inadequate or poorly done. However, my experience has been that landlords who follow the advice of professional pest control companies are not required to pay any costs beyond the cost of the pest control treatment.

      That being said, an argument can certainly be made tied into the duty of the landlord to provide a unit that is fit for habitation. The obligation is contractual and does not rest on negligence theory. Having a unit that is infested with bugs is generally accepted to be a breach of the obligation to provide a unit that is fit for habitation. Expenses incurred/damages suffered as a result of that infestation and breach of the lease to provide a unit fit for habitation can lead to the conclusion that the landlord is responsible to pay for all of the associated expenses. The argument is a strong one. However, in the cases I've dealt with the tenants end up being responsible for the costs of preparation etc., and the landlord is responsible for the cost of treatment until the infestation is resolved. Certainly if you have a case where the treatment or dealing with the problem is poor--and you can prove it--then the argument becomes stronger that the landlord should indemnify you further for damages sustained.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  5. Hello there,

    Tenants found bedbugs in unit in September and landlords immediately actioned an exterminator. Treatment was successful, however the tenant paid partial cost of treatment before learning of The RTA. The tenants requested the payment be returned, the landlord is now threatening legal action (small claims) for the entire cost of the treatment.

    Can a landlord take a tenant to small claims court or must they first go through the LTB?

    Thank you!

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    1. Hi: The landlord should proceed before the Landlord and Tenant Board on this issue as the Landlord and Tenant Board has exclusive jurisdiction to determine all applications under the Act and with respect to all matters in which jurisdiction is conferred on it by the Residential Tenancies Act (see section 168 Residential Tenancies Act). I would presume that the landlord's angle is that the bedbugs constitute "damage" to the rental unit--either willful or negligent. The issue of tenants causing damage to a rental unit is a "matter" in which jurisdiction is conferred on the Board. This power is conferred in section 62 (includes eviction) and section 89 of the RTA which allows an application--similar to court claim---for damage willfully or negligently caused.

      In my opinion the landlord must proceed to the LTB, so long as the tenant is in possession of the rental and the claim is for under $25k. That being said, you can indeed find some cases that have proceeded at the Small Claims Court and you can find some cases where small claims court judges have ignored the issue of exclusive jurisdiction or have determined that there is a concurrent jurisdiction. While these cases are out there, there are also several that I think have the best analysis of the issue and in those cases the Small Claims Court matter is dismissed/stayed on the basis that the exclusive jurisdiction is with the Landlord and Tenant Board. If the landlord files a claim with the Small Claims Court one of the defences you lead is that the proper forum is the Landlord and Tenant Board on the basis of its exclusive jurisdiction and that the Small Claims Court matter should be dismissed. (this changes if the tenant vacates or the claim exceeds $25K and the landlord wants to proceed to Superior Court for more than $25K).

      Michael K. E. Thiele
      www.ottawalawyers.com

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  6. Are landlords required to inform tenants about known bed bug infestations before the tenant moves in? As in, if there was a previous history of bed bugs that was known in the building, are they required to inform the tenant before they move in before, so they knew what they were getting into? My apartment is filled with bed bugs right now that we got after moving in and there is no way we brought them - i saw a bed frame covered in bed bug stains in the garbage outside a few months after moving in and a few weeks before noticing I was getting bites, so it was clearly from another unit. I'm wondering why they didn't warn the building or why we didn't get a notice that there were bed bugs. Also, are landlords required to cover the cost of all of my damaged furniture? I bought all brand new things before moving into this place and they are all destroyed, stained, and overall ruined. I asked the company I was renting with and they out right refused to cover the cost of my ruined furniture without giving me an explanation as to why.

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    1. Hi: The answer to this question is not as straight-forward as you might expect. In residential landlord and tenant matters the first place to "look" for an answer to a question like this is to open the Residential Tenancies Act (RTA)--this is the law that governs the relationship between landlords and tenants. It is generally understood that landlord and tenant relations are governed in a code like manner with the RTA setting out the rules. The RTA provides that any deal, clause, or agreement contrary to the RTA is void and unenforceable. All this lends to the idea that the RTA provides the scope of rules, rights, responsibilities.

      Based on the foregoing, if you flip through the RTA you will not find any section dealing with pre-occupancy disclosure by landlord to tenant. The RTA is silent on this topic. Does it have to be silent? No, it is a legislative choice by the Ontario government not to require this information to be disclosed. Indeed, you can find other disclosure obligations in the RTA on other issues. Technically speaking then, there is nothing in the RTA that makes the landlord disclose the presence of bedbugs, pests of any kind etc.. Some people think that landlords should have to disclose the incidence of violent crimes in rental units (which isn't required either) but which makes for an interesting debate.

      That being said, I do think tenants have (or should have) recourse for a landlord's failure to disclose the presence of bedbugs in a rental unit or complex. Especially if the bedbug infestation is active at the time that the tenant is moving in. A basic requirement of a landlord, under the RTA, is to provide a unit that is fit for habitation. It is accepted that an infested rental unit is not fit for habitation. The damage that will be caused to a tenant who is moving into an infested unit is foreseeable and virtually assured. The landlord's failure to provide a unit that is fit for habitation and indeed knowingly allowing a tenant to move into a unit that isn't fit for habitation should, I think, form the basis for termination of the tenancy and compensation for all damages incurred as a result.

      There may indeed be decisions in line with the foregoing, though I confess not having seen any and I haven't researched this answer. However, I have indeed heard decisions being rendered by the Board terminating tenancies where the tenant moved into an infested unit. In those cases there were no claims for damages--just termination. I don't think it is a stretch to argue for damages. A caveat though, all cases must be proven and you would still bear the burden as the applicant to prove that the landlord knew of the problem, knew that you would suffer losses (on a balance of probabilities), and of course you need to prove your damages.

      Good luck

      Michael K. E. Thiele
      www.ottawalawyers.com

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  7. Michael you are a great person to address all these comments and in a thorough way. If you address mine then I will add you on linkedin and I owe a favour within my expertise and skill set. I'm a network specialist btw.

    I need your expertise to a particular situation please

    Here is the story.

    I moved to a condo in Nov. Found out that the unit has a major cockroaches problem that drove the pervious tenant away

    (Let's say I can't bring prove because i don't know how to reach them but got confirmation from the neighbour which I'm not sure she will testify in court if required).

    Back to the story...
    The first few weeks of moving I was dealing with 3-5 cockroaches a day between dead and alive because the unit was Sprayed in October. Now of course the landlord knew about the cockroaches problem because he sprayed the unit by a professional but he didn't inform me and also he didn't verify the issue is cleared before leasing the unit.

    Now another treatment from a professional was arranged by the same company which came in February and did a gel treatment which didn't fix the issue.

    Again a third treatment/spray of a new company (The building pest control specialist) in May.

    The landlord said it would take 3 days to clear according to the specialist but I kept see cockroaches then again he said 7 days and I also saw a cockroach 9 days after the treatment.

    Now to proof I started bringing newspaper home with me with the date on it and I took a video when I found a cockroach 9 days after the last treatment then moved the camera to the news paper with the date on it then to the unit number outside as a proof that I still deal with cockroaches. (So far one video only but I'm sure more will be available soon)

    The landlord is asking for a month worth of rent on top of my actual rent if I break the lease or he would come after me for the remaining period in court which is 5 months worth of rent.

    I gave him notice of evacuation on May 2nd that I'm terminating the lease by May/31st.

    Please notice the following summary points:
    1) that all communication between me and landlord are documented by email.
    2) Landlord knew about cockroaches problem before I move proofed by the treatment in October
    3) Landlord always responded quickly to hire a company although the situation is improving but I still see cockroaches which is why I want to break the lease. I don't think it is fair he is treating the unit on my tap. every time a company comes I have to empty the kitchen and washroom which takes me two hours on top of the stress dealing with cockroaches in my bedroom sometimes.
    4) I have a video to proof with news paper date that I saw a cockroach 9 days after the treatment
    5) I gave official notice of termination by email with date, address on it on May/2nd to end the lease on May/31st
    6) I want out of the lease because I'm sick of the unit
    7) Landlord gave the following options:
    A) get out by May/15 and he keeps last month rent (October rent) = 1.5 month worth
    B) get out by June/30 and he keeps last month rent = 1 month worth of rent
    C) stay the whole period until end of October

    I also stopped the check for May/1st because I think he should use October rent(Last month) towards May so I can get out by May/31st. Ofcourse he is pissed about it

    Sorry for the long comment but I thought it is good you have all the information and I owe one for sure.

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    1. Hi Khaled: There is no perfect solution to your problem nor is there any strategy that doesn't come with a bit of stress and risk. Even simply accepting the lease and staying there to the end of term and giving notice to terminate 60 days before the end of the term brings stress and hassle for you. Seems that however you approach it, you are in an unhappy spot.

      When this is the situation I generally ask my clients what it is that they want. Some want the bugs treated, some some money back, some want nothing less than to terminate and be out of the rental unit. This is the first and most important thing to determine. If you would be satisfied with a rent abatement then giving you a strategy to terminate fails to address your desired outcome. This question may seem obvious and the answer may be obvious but what I find is that many clients don't know the different kinds of remedies they could seek. A rent abatement, compensation for damage to property, termination, a fine for the landlord, there are options that range from maintaining to the tenancy with terms to terminating the tenancy with money being returned. It all just depends. People have all kinds of considerations in deciding whether to terminate, seek compensation, or other remedies and most of these considerations are unique to the individual tenant.

      So that being said, I accept your number six statement that you want out of the lease because you are sick of the unit. I take this to mean that no remedy short of moving elsewhere will be satisfactory to you. I'm pleased for you that you know what you want---it makes the steps to take rather clear.

      You must accept that by moving out you are breaching the lease. The typically approved methods of moving out early (assignment and sublet) are not being pursued by you (just as well as they can be really difficult to do on a unit that is infested with bugs). Another option, to fulfill your goal of terminating the tenancy is to apply to the Landlord and Tenant Board and ask the Board to terminate the tenancy and allow you to move out. You may also ask the Board for a rent abatement, moving costs, etc.. Whether you win such an application depends on your advocacy skills versus your landlord's advocacy skills, the evidence led, and the perspective of the adjudicator towards termination for bug infestations (there are different philosophical considerations on this issue). Filing such an application really begs the question, will you accept a decision that says "no" to termination and perhaps only awards you money or something lesser than what you are seeking? Sometimes, the client's answer is that I am leaving regardless, I'm not concerned about getting money or being ordered to pay money--it is a risk worth taking--as I won't live in these kinds of conditions. From your comment/question, I put you in that camp--especially given your rather aggressive stop payment of the May rent.

      At this stage, the landlord's options are irrelevant. You can give him your own option. You are terminating the tenancy for May 31, he can use the Last Month's Rent deposit for May and (this part is up to you). Do you want money back, a rent abatement, other orders? Or are you satisfied to move out and consider the matter closed?

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    2. It is reasonable enough to stay in the unit until May 31, 2016 and move out as it works for you. The Landlord may decide to serve you with various Notices of Termination--an N4 for termination for non-payment of rent is an obvious choice. That Notice gives you 14 days to pay, after which he can apply to the Board for a hearing date. By the hearing date you have likely already moved out. Attend the hearing, and you can argue for termination as of May 31--the N4 itself also terminate your tenancy--and if you have your evidence of the infestation and evidence that the apartment when rented to you was not fit for habitation you could argue for a refund of all rent paid plus moving expenses to your new place. There is a basis in law for such an argument--though winning this would be a grand slam home run in Landlord and Tenant law circles. However, if the evidence comes out supporting your contentions and you have proof of your expenses you could indeed win this.

      The point is that your landlord assumes risks in chasing you--either at the Board or even later at the Small Claims Court. You are moving for a reason--a good reason. Any adjudicator or Judge will have sympathy for you especially given that your landlord knowingly let you move into an infested premise.

      A big question is to ask--what is the risk to you of simply moving out? The worst case scenario is that the landlord sues you for lost rent (make sure to take video and photographs of the condition of your unit on moving out). In a claim like that you can still defend on the grounds of the landlord renting you a unit not fit for habitation and claim expenses and rent abatements. Even if your claims are not successful, the law requires the landlord to re-rent to mitigate his damages. This means he must actively advertise to re-rent and he has to prove that he took these steps reasonably. He must do this to reduce the extent of his rental losses to your benefit. If he fails to do it the Court will not award him any rent losses. Typically, a Court will order that a reasonable period of time to re-rent is 60 days. Beyond 60 days a Court will get suspicious about the mitigation attempts. This generally plays out as the landlord winning two months rent (plus legal costs) from you--and generally speaking this is your worst case scenario. Your upside is better than your downside. Is you landlord clever enough to know this? If so, you will never hear from your landlord again after you move out. If not, he may try to sue or take you to the Board--but you have a good position and argument against whatever his demands may be.

      Hope that helps. Good luck to you.

      Michael K. E. Thiele
      www.ottawalawyers.com

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    3. It helps a lot
      Thank you very much for the thorough explanation.

      Would you be interested in the case if it makes it to the court? Would it be possible to get an estimate of the fees if you were to take over the case?

      Delete
  8. Our landlord wants to come in our unit and spray for bed bugs himself does he have the right to do so? We have pets and allergies that we need to be well aware of what's in the protected being spray and what it contains.. If he is allowed to spray himself are we allowed to buy the spray ourselves? Or will that end up making us pay for a professional in the end and not our landlord?

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    1. Hi: Is your a landlord a professional pest control contractor? If not, I'm fairly certain that treatment by your landlord is doomed to failure. Further, I have spoken with enough pest control contractors over the years who truly object to this kind of self help off the shelf usage of chemicals on the grounds that it makes their eventual jobs more difficult. Whatever your landlord sprays may knock down populations temporarily but it is unlikely to work in the long run. In my experience even professional and licenced pest control contractors have difficulty getting rid of bed bugs. The process is more than just spraying chemicals.

      I certainly don't recommend that you pay for the sprays yourself and I would object to the landlord self treating the unit unless he is somehow qualified for the work. That your landlord would rather spray himself than hire a company suggests a level of frugality that is unlikely to recognize the value of professional help. Consider calling property standards and filing a T2/T6 application with the Landlord and Tenant Board at your earliest opportunity.

      Is there a legal basis to object to your landlord doing this work? Certainly the Pesticides Act and the regulations thereto speak to qualified persons doing the work and speak to prohibitions of unqualified people using pesticides. If your landlord has gotten his hands on pesticides that are not otherwise exempted in their use, it is probably illegal for him to use them in your apartment. There are enough instances of people being made ill by improperly used pesticides. Recent examples in Ottawa that I can think of included the use of outdoor pesticides indoors and number of people becoming ill.

      Good luck to you.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  9. Hi,

    Our landlord informed us that another unit in our building had a severe case of bed bugs about a month ago. This tenant also failed to report the issue. The landlord informed us that the only way she knew about the bed bugs was due to the fact that she noticed the dozens of bites all over their bodies when she was conversing with them regarding an unrelated topic. The landlord was the one who suspected bed bugs, thus had pest control assess the situation. Once the bed bug infestation was confirmed, she told us that the pest control would come in to spray and inspect our unit as a preventative measure. After doing so, she informed us that our unit was bug free. However, over the last week, my partner has found several bug bites all over his body, and we actually found a bed bug yesterday in the unit. My landlord advised that she would drop by today to give us the preparation sheet for treatment, and that the pest control would be in on Thursday to do the treatment. We have so much clothing, bedding and stuffed animals. It will cost us a fortune to wash all of these seeing as how we must pay for laundry in the building. Is she required to pay for this, considering there is proof that the bedbugs were brought in by another tenant, or by herself and the pest control when they did the inspection?

    Thanks,

    Kayla

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    1. Hi Kayla: Generally speaking tenants absorb the cost of laundry. The RTA does not specifically say that the landlord must pay for laundering the tenant's possessions when conducting pest treatment and further there is no binding authority that I am aware of that makes this an expense that the landlord must incur. That being said, there are some interesting cases out there, some operating under the banner of accommodation under the Human Rights Code where landlords have been required to pack and move possessions and provide additional supports to tenants for work that needs to be done to prepare for treatment. Coming up with the argument requiring the landlord to provide access to laundry is not a difficult case to make. Whether you would win or not I don't know. I am aware of a few landlords who provide laundry cards to tenants who can not otherwise afford to do the laundry. They also provide bags for bagging clothing and mattress bags to throw out mattresses and other sundry items including detergent. I think these landlords are supplying this level of support because they will otherwise spend a fortune trying to exterminate bedbugs without success.

      The question of how far a landlord has to go to support extermination in a rental unit is, I think, still an open question. In situations where the tenant can afford it--but just wants to be reimbursed--I don't know what the Board would say.

      Let me know how your situation turns out.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  10. Mr. Thiele,

    I came across your blogs and have a interesting situation that I am not sure falling into your expertice but I figure why not ask.

    Ä° was in a common law relationship for 6 yrs.
    My partner suddenly passed away due to a car accident in January
    We have purchased a house together. Hər name was only on title due to a law suit against my company that extended my assets so we felt this was a safe move
    We had no will
    Her parents are now the beneficaries of the house and do not want to recognized me as contributing to the house.
    Ä° have a claim against the estate for the house.

    Now this brings me to my question. What legal action can he take to have me removed from the house, if any. Ä°s there any notice period? Would I be recognized as a lease holders on the house/renter? Or would I even  be  classified as squatting, and what comes along with that? Last in Ontario would he be able to evict me during the winter months and when is that deadline?

    As I started at the beginning mr. Thiele I am not sure if this is anything you have heard of or seen but I thought I would ask because you give such amazing answers.

    Thank you very much for your time to read through this and any time you spend replying is much appreciated.

    All the best.

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    1. Jake: I think it is unlikely that you will be recognized as a residential tenant under the Ontario Residential Tenancies Act. Your relationship with your partner was not one of landlord and tenant and there is no reason that your relationship with the estate would now be characterized as a landlord and tenant relationship. Unless there are facts I am unaware of, I don't see how the Residential Tenancies Act will help you.

      That being said, and to be clear this is well beyond the scope of this blog, you have several remedies open to you in the estate context. You may have rights as a common law spouse, dependent's relief, and legal and/or equitable interests in the property--perhaps on a trust basis. This area of the law is exceedingly complex and if you are not already with an estate's lawyer you should get one very quickly. You have claims to assert and the clock is ticking.

      Good luck to you and I am sorry for your loss of your partner.

      Yours very truly
      Michael K. E. Thiele
      www.ottawalawyers.com

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  11. Hi,

    I have a detached single family dwelling which has been rented to the same tenants for 2 years now...they just informed me about bedbugs. The house has never had bedbugs and it is clear that they just got them recently by bringing them or from a visitor. I feel that something like this in an detached house is their responsibility. Just like clogging a drain with hair or clogging a toilet, it is the tenants responsibility.
    Is there an actual law about the landlord paying? I can understand how an apartment building can be different as there are independent people living there but this is one house and its detached and one family living there.

    ReplyDelete
    Replies
    1. Hi: Sorry, but the law makes maintenance the landlord's responsibility. Pest control falls under the legal obligation set out in section 20 of the Residential Tenancies Act.

      Delete
  12. I signed a lease for my student daughter's apartment five months ago. This is an apartment with many difficulties such as subsidized tenants and refugees who have serious problems of their own. I believe that these tenants would be reluctant to voice any complaints for fear of recrimination. Right from the start infestations as well as other things, which I won't bore you with became apparent. Within a couple of weeks my daughter noticed a constant presence of cockroaches. The property manager treated my daughter poorly like the she was the cause (witnessed) yet there were cockroach traps found in places like the laundry room. There was no treatment that she is aware of. A day after the property manager's visit she was notified that her apartment was to have the alarm system inspected as well as the plumbing. No mention of coakroach treatment. A couple of days ago a bag filled with empty bedbug spray cans were seen in the hallway and a picture was taken. People were seen entering and working in the unit next to my daughter's and across the hallway. She was not notified of this infestation. She fears that the spraying will drive the bedbugs into her unit. The stress of the two infestations along with documented other problems have put her health and feelings of safety at risk. Anxiety and stress living in this apartment has already required her to get a medical certificate to delay a university exam. She cannot now get a sublet because of the bedbug and cockroach situation which she feels would need to be disclosed. As the name at the bottom of the lease is mine, I have asked the landlord to terminate her lease and return her last month's rent so she can start over. She cannot afford to discard or treat furniture or treat all her clothing and bedding should bedbugs appear. Is she likely to get this termination with refund or are we going to have to go the the LRB? Is it acceptable to discuss the difficulties in this apartment on social media. I prefer to leave this comment anonymous, as I don't want to jeopradize any kind of settlement.

    ReplyDelete
  13. Does a landlord have a certain time to deal with bedbugs...or can they just take there time...

    ReplyDelete
    Replies
    1. Hi: Once a landlord is notified about a bedbug infestation they are required to act quickly. I would expect a telephone call to a pest control contractor within 24 to 48 hours (business days), and I would expect a treatment to be scheduled within a week or so. The tenant should be given the bedbug treatment checklist immediately and a 24 hour notice of entry for the purpose of treatment should arrive within 24 to 48 hours of the complaint being made. Anything slower than this calls into question whether the landlord is properly doing their job. The scheduling of the actual treatment can be within 7 to 14 days and be considered reasonably diligent.

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  14. Hello, I rented a house to 4 students, as of May 1st. The students not needing the home until September decided to mitigate their expenses by subleasing. They then took.over in September and occupied the property. In late October the tenants contacted the landlord and wanted him to pay for treatment due to bed bugs. Is the landlord responsible?
    and 2 months after that the tenants are now trying to get the landlord to pay for hotel rooms, new bedding and clothing which they claimed they had to throw out. The landlord was given an ultimatum to pay for treatment or will be taken to tribunal and costs will be sought for all other residual "expenses:

    ReplyDelete
    Replies
    1. HI: The landlord is responsible for pest control and paying for it. The chance of the tenant's being liable for the cost of the treatments is quite remote. As long as the pest control work is done diligently and the tenants' losses in relation to their personal property is not attributable to a breach by the landlord then the tenant's are out of luck and must bear their own expenses.

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  15. I recently moved into a unit and found out it has bed bugs, upon notice the landlord ignored my requests for professional spraying and insists on using alcohol spray. I also learned upon further discussion thTt it is a problem within the building and not just my unit. I don't want to have to go to the tribunal already, but this is certainly unacceptable practice..

    ReplyDelete
  16. I have had bed bugs in my unit, my landlord sent a pest control and did the heat treatlent for our apartment and the upstair apartment from where we get these bugs. But, we did the treatments for two times, we still without any bit for one mouth... And now since yesterday, my daughter has a lof bits. The landlord told us if we don't see any bedbugs, he will do nothing

    ReplyDelete
    Replies
    1. Hi:

      Your daughter's bites are worth a visit to the doctor for 1) just to have them checked, and 2) for confirmation that these are bedbug bites. Ask the doctor for a note confirming that your daughter has bed bug bites. Then write to the landlord--via email, text, or fax, advising that your daughter has bed bug bites and treatment is needed. Then, call your city or town's property standards department and ask them if they have anything on the books that allows them to Order a property owner to treat for pests. If so, get them to come to the unit to inspect and make the Order. Tell them that the doctor has confirmed that your daughter has bed bug bites. If in doing this there still isn't "action" from the landlord you can file a T2 and T6 application with the landlord and tenant board for a rent abatement and Order for the landlord to deal with the pests.

      Good luck

      Michael K.E. Thiele
      www.ottawalawyers.com

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  17. I recently had my unit treated for bed bugs (the first of 2 scheduled treatments) and was asked by my employer to initially not come to work for 2 days and when I call to confirm I could return to work, I was asked to remain at home for the remainder of the week without pay. Given that this was not a planned absence, is there any remedy I can pursue to be compensated for these lost wages from the landlord or employer?

    ReplyDelete
    Replies
    1. Hi: There is an employment law aspect to your case and I want to be clear that I can't speak to that at all. You should speak with an employment law lawyer about your losses related to the incident your describe.

      With respect to recovering the lost wages from your landlord using the Residential Tenancies Act I would say there is certainly an arguable basis for such a claim. The remedies that the RTA provides are certainly broad enough to cover this kind of loss if the claim can be made out. That, however, is the question. Can a claim be made out? Meaning---is the landlord responsible for the breach arising from the landlord's violation of the Residential Tenancies Act. The landlord has a clear duty to maintain the property and to treat for pest infestations. However, the mere fact of an infestation is not going to automatically give rise to liability for the landlord. You would need to show that the landlord's response to the infestation was inadequate and lacking. If the landlord's response to the infestation was lacking and in breach of its obligations under the RTA then the adjudicator would have the power to award the losses that you are claiming. However, (and in my opinion), if the landlord responded promptly when made aware of the infestation and sent in a professional pest control company and followed up diligently then it is unlikely that the landlord is going to be responsible for the losses you suffered.

      It's unclear from your question how diligent your landlord was. That is something for you to think about and explore before filing a claim with the LTB.

      Good luck

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  18. Hello Michael,
    Thank you so much for your work here. Very appreciated.

    I have a question. Two weeks ago, we found a bed bug in our nightstand. We've never been bitten before that (or we haven't noticed it). Day after that, we looked for any more evidence - we didn't find any. We informed our landlord right away as we rent a detached house.

    Our landlord started to say that we will have to take care of it by ourselves and that he didn't understand why there is bedbugs, and how we bring it in... We gently answered that it is actually his responsibility and that we obviously don't know how it came in, of course.

    After debating, he accepted to send a professional to inspect, but he told me that I should NOT tell them that I found a bed bug (because otherwise, the company won't come to inspect and will decide to treat anyway). When the professional guys came and asked us why we needed them to come, we obviously said the truth.

    They looked for any evidence, they didn't any but was not able to check under the baseboards and told us that it may be a perfect place for the bedbugs to hide and lay eggs. They checked out the bed bug we found too and confirmed it was an adult female, capable of laying 5 eggs a day, and that we were very lucky to find it. They informed us that they will report to the Landlord and see what he wants to do but they also told us that there is almost no chance that it is a stray case, and that it's not rare that people won't react to bed bugs bites. They told us that we are probably at a very early stage of an infestation.

    Same day, landlord told us that since the professionnals didn't find any further evidence, he won't decide to go forward with a treatment and that we will have to wait for more evidencence - which actually means be bitten (or starting reacting to bites?), have so many bedbugs in our house so we can see them, ...

    We are so much concerned about this, and that became a great source of stress while we are sleeping. We are just affraid that we must wait for things to being worse, we can't imagine the day when they will be dozen and dozen of bed bugs around us.. won't be able to sleep anymore for sure.

    We were wondering if we can contact the city, or any association so they can decide to treat the house or oblige the landlord to proceed a treatment ?

    Hopefully I was clear and not too long.
    Thanks again.

    ReplyDelete
    Replies
    1. Hi:

      A lot of this response is not so much "law" as it is about what I could live with. I can't imagine being in a house, with evidence of a bed bug infestation, and doing nothing about it. Being rather suggestible I get itchy just thinking about it.

      You have already gotten from the professional pest control guys the opinion that this is not a random "stray" and that this was just early infestation. What a fantastic early catch! The landlord's response is just unacceptable.

      I fear that the process of applying to the Landlord and Tenant Board for an Order requiring the landlord to treat would take too long and the bugs would get a stronger foothold. A bad infestation can take a long time to get rid of. Bed bug bites can become infected and people end up in hospital (though that is unusual) because of the bites. Bed bugs can ruin books as they crawl between pages, make electronics hard to clean, and some furniture becomes unsalvageable in bad cases. The key is early treatment.

      You could contact your local property standards department (with your City/township). See what they are prepared to do. Perhaps they will Order the landlord to do the work asap. Again, time goes by and with every day more eggs are laid and the risk becomes greater.

      My inclination is as follows and it isn't exactly the approach the Residential Tenancies Act contemplates but it is one that I think the law would ultimately support. I would write to the landlord, via email etc., and advise him that his position of there not being enough evidence is not acceptable. As there is no time to waste, I would inform him that you are having the home treated and that you will deduct the cost of treatment from the future rent (that is "aggressive", alternatively, you could file an application for reimbursement). The choice between deducting from rent and filing an application is often decided by your cash flow and whether you have the time to bring a claim to the LTB.

      Once the letter is written, I would retain a professional pest control company. Recently one of my clients has retained a professional pest control company that has a bed bug sniffing dog. This dog is simply amazing! The dog finds bedbugs that are missed on human inspection. The company here in Ottawa that has the dog is Orkin---there may be others with dogs--call and ask. The value of the dog is that the dog can pin point the bed bugs and fully reveals the extent of the infestation. This would be useful evidence when deducting the bedbug treatment charge from rent--or in making a claim for reimbursement of the cost of treatment.

      There are various treatment processes. Inform yourself of the options and what is offered. My inclination is to the most aggressive treatment available---which likely means chemicals and heat and steam cleaning. Let yourself be educated by the professionals on what is available.

      Delete
    2. Once the treatment is done, and you are given an "all clear" add up the costs and send the bill to the landlord. Ask him to pay or authorize deduction from rent. You likely won't get the answer that you hope for. That's okay, the point is to ask.

      Next you will need to decide whether to deduct it from rent unilaterally (aggressive) or whether to file and ask for reimbursement. The aggressive approach is really only for people who can tolerate a little stress. The result, possibly, is that the landlord serves you with a notice of termination for non-payment of rent. You ignore that notice, insist that he take you to the Board, and at the Board raise the treatment cost as the basis for the deduction. You can do this under section 82 of the RTA. You SHOULD win fairly easily--especially if you have been transparent to the landlord and explained what you are doing all along the way (which you prove by submitting the emails/texts/letter that you sent to the landlord). The landlord's application will be dismissed and the landlord will lose his $175 application fee. Alternatively, if the worst thing happens and you lose--the Board will give you time to pay and void the eviction for non-payment of rent. The law requires the LTB to give you a chance to pay and stay (presuming you lose).

      I'd be aggressive because the landlord will very likely, but begrudgingly, accept that he is liable for the cost of the treatment.

      The alternative is to file a T2 and T6 application to the Board after you have the treatment done.

      Ultimately, I advise to proceed with treating yourself because working at getting someone to convince or order the landlord to do the work will take to long. The idea of living in an infested house is intolerable and ultimately, even if the law forced me to absorb the cost I would spend the money to live bed bug free.

      That being said, it is the landlord's responsibility to pay for this and from what you wrote there is clearly enough evidence from the professionals that treatment is called for.

      Good luck
      Michael K.E. Thiele
      www.ottawalawyers.com

      Delete
    3. Thank you so much for your complete answer.

      We initially thought that it will be ‘easier’ and quicker to ask for the Board to help - it doesn’t sound like it is and this is unfortunate. We talked with my wife and we were thinking about an alternative solution based on what you said as we are not very comfortable with the aggressive solution / and are a bit afraid of how long it could take before receiving reimbursement - could you please let us know if that’s something that could work too :

      - I looked for Orkin, and they have locations in Toronto too.
      - I will send an e-mail to the landlord saying I’m going to ask Orkin to come and inspect (with a dog) the house. I will ask him to pay the inspection (or deduct from rent - following the procedure you advised).
      - I will wait for his answer, but will anyway ask Orkin to come to inspect.
      - If Orkin finds something, we will have a true evidence of infestation to provide to the landlord and will ask him to proceed the treatment immediately - We will deduct the Orkin inspection price from the rent. If he has a problem with that, we will follow your recommendation regarding the Board.
      - If Orkin doesn’t find anything, that will mean we were extremely lucky and that was actually a stray case (but we really doubt about that) and will accept to absorb the cost of the inspection.

      What about that ?

      Delete
    4. Hi: That sounds like a reasonable plan! Good luck.

      Michael K. E. Thiele

      Delete
  19. Hi there Michael.

    I moved into a place with roomates about 3 years ago.. Had a bed bug scare (found one on my bed with blood on my knee, assuming it had bitten me right away). I killed it and took a picture of it to show my landlord.

    Landlord agreed to an inspection. I had to find the inspector, and book the inspection. They came in, looked around, and said we were in the clear.

    We paid for it, and were reimbursed by the landlord a week later.

    Anyway, fast forward to 3 years later (AKA a couple weeks ago), and I find 3 separate bites on my body. I let the landlord know right away that I have received bed bug bites and would like for them to get an inspector again and to also get an extermination if they confirm we have bedbugs. She refused to pay for the inspection because she is saying that she covered the first inspection 2 years ago - and that now it is our responsibility because we "brought them in", since the inspector we had in 2 years ago said we had none.

    Anyway, so I pay 100 dollars for an inspector to come, and they confirm that we indeed do have bedbugs. He showed us 1-2 of them in our bedframes and kills it. Anyway, during this inspection, the inspector lets us know that we have a moderate to high level infestation of Carpet Beetle larvae. He said that it seems as if they have been here for years, all around the baseboards. We were not aware of this until that inspection.

    Anyway, we get him back in 2 days later for an extermination. End up paying 800 dollars out of pocket. We send over the invoice to our landlord and tell her that we would like her to reimburse us, and that we are also giving our 1 month notice of moving out. Anyway, she send us over an N9 form to get our of our "lease" (never was a proper lease, more of a month-to-month), and she tells us she will only cover 1/3 of the cost (250$).

    I am wondering if we are able to get 100% of our money back, even though she is refusing to reimburse. Not only did we have bedbugs, but also the carpet beetle larvae.

    I don't know if it's worth continue to fight for the money back, but I would like nothing more than to be reimbursed. That is a lot of money out of my pocket, and not only did we do the extermination job done for her, but we are also moving out (so the extermination does not benefit us anyway, it benefits her).

    Please let me know, I need some guidance! Thank you.

    ReplyDelete
    Replies
    1. Hi: You are entitled to be reimbursed for the pest control treatment. I presume that the $800 was reasonable and you have proof of payment. You could apply to the Board for reimbursement. The landlord's suggestion that you are responsible, that you brought them in, etc., is not the law.

      With respect to your notice of termination---you are likely short by 30 days. If you are on a month to month tenancy you need to give 60 days notice to the end of term. If your landlord is prepared to take short notice then you should get her to sign an N11 form (Agreement to terminate).

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  20. Hello again,

    Thank you for your quick response. Would you please mind looking over this email she sent me as to why she is unable to reimburse and tell me if this is enough reasoning for her to not pay us back?:

    ---"I will stay with the $250 reimbursement for the following reasons:
    As replied in March 2017 after the first inspection for bedbugs (which I reimbursed you for), I had said that it would be your responsibility in the future if you ever had an issue with bedbugs because they are brought by yourself or your visitors. If you had questions, why didn't you inform me prior for inspections/treatment?

    I was not immediately notified for carpet beetles issues until 2 days after the treatment you paid for two weeks ago, and didn't see the invoice 3 weeks after for approval for reimbursement.

    If you had questions/concerned regarding the reimbursement amount, why didn't you mention it before?
    In general, seeking reimbursement requires approval prior to making purchase/service as we have our budget and company we want to use if we're to pay for it."----

    ---

    Anyway, now I'm wondering how to go forward in replying to this above email she sent. Are there any laws that I can mention in order to argue against her not paying 100%?

    thank you for all your help.

    ReplyDelete
    Replies
    1. Hi: Section 20 of the Residential Tenancies Act puts the maintenance obligation entirely on the landlord. The landlord is not permitted to shift this responsibility to tenants. Pest control is the landlord's responsibility even if you "brought them in". Whether you brought them in or not is not at all obvious. These critters come from so many places--a delivery guy, a meter reader, the landlord, guests, repair persons, etc. etc. etc.. Pest management is the landlord's duty. If you are doing something to attract pests then that can be grounds for eviction--but otherwise, section 20 is absolute. Your landlord was wrong to tell you that in the future you would be responsible. That was an irresponsible and frankly legally wrong thing to say. The landlord can't now complain that you took steps to deal with an infestation as she told you (wrongfully and illegally) that this was your expense to pay. If she had not said it was your expense you would likely have asked her to treat again--but you didn't because she indicated she wouldn't pay. Now that you are learning her position is illegal the Board would have little to zero sympathy for her position about budgets and having notice. She wrongfully tried to shift a maintenance burden to you. It almost worked.

      She owes you the full treatment cost.

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  21. ****to clarify, she is fully ok with us giving one month's notice. We werent required to pay for it because we had already paid last month's rent when we first moved in.

    What I meant to say, was she only agreed to reimburse us for 1/3rd of the bed bug extermination, but we were hoping she would've covered 100% of it. We have had friends who have had bedbugs in their past, and their landlord covered it fully for them, and even let them off their lease.

    How come my landlord isn't covering it fully?

    ReplyDelete
    Replies
    1. Hi: Your N9 form should then be an N11 Form which is an agreement to terminate. If you only rely on the N9 then it is arguable that you gave short notice (and hence invalid). The Landlord might not admit to having agreed to 30 days notice instead of 60.

      On the facts you provided, there is no legal basis for the landlord not covering the cost fully. Perhaps she is just trying to save money and is hoping to get away with it.

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  22. Thank you so much for your help Michael! will definitely be bringing up the above that you have mentioned. Hopefully it goes well. Enjoy the rest of your day.

    ReplyDelete
  23. Hi Michael,

    Hope you can give me some advice about my case. The landlord messaged me that the building found the bedbugs and around that time I did get some bites in my arm every morning when I got up. Therefore, I asked the landlord to conduct a bug check. Luckily, there is no bug in my unit, however, the landlord asked me to pay for the bug check since we didn't find bugs. Am I responsible for this fee or it's the landlord's responsibility?

    Thank you in advance for your help

    ReplyDelete
    Replies
    1. Hi: Pest control is the landlord's responsibility and that includes the cost of inspections. On the facts you describe I think it quite reasonable that you asked the landlord to have your unit inspected and I think that cost is the landlord's. You have a obligation to report possible pest infestations and are not required to be "correct" about the possibility.

      That being said, any explanation for the bites you suffered? If you are very early in an infestation bedbugs can be hard to find.

      Michael Thiele
      www.ottawalawyers.com

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  24. Hi there I didn't go through all the questions just gonna ask mine. My partners house has a bedbug problem and he's so freaked out about any kind of but and tossed all his bedroom stuff to the garbage and has been staying at a hotel in fear of spreading it to someone else's house. The landlord was contacted and cannot get the guy in till next Wednesday and my partner refuses to stay in the house. Is the landlord responsible to cover costs of the hotel or can my partner deduct it from his rent?

    ReplyDelete
    Replies
    1. HI: Unless there is something exceptional about this situation (what you've set out doesn't suggest anything exceptional) there is no reason to expect that the Landlord and Tenant Board would order the landlord to pay hotel costs. While there is no doubt that having bugs can be traumatic the law does not make the landlord the guarantor of the tenant's security from pest infestation. You may wish to let your partner know, in a way so he is not further shocked, but even after the pest control treatment it will be several weeks more before the bed bug activity hopefully ceases or dies down. There is likely to be a second treatment a few weeks after the first.

      Michael Thiele
      www.ottawalawyers.com

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  25. I am so glad to have found this feed.
    My 94 years old grandma has a lovely apartment where she has lived for more than 15 years. A few months ago, a tenant moved in next door and brought bed bugs with him. His unit is on its 4th treatment, which says to me that he has not been following the guidelines - he can't seem to get rid of them!
    Unfortunately, my elderly, frail grandma found a bed bug in her apartment this week. She has had to hire someone to do all of her laundry and the prep work for treatment as she simply cannot do it herself. Are you aware of any way that we could help her recover the additional costs associated with this work? She is on a very limited income and is too proud to ask for help, but my heart goes out to her and I want to try to do what we can.

    ReplyDelete
    Replies
    1. Hi: I'm sorry for your grandma's bad luck with the bedbug find. The landlord does not technically have to pay for the preparation costs. That being said, many of my landlord clients do provide wash cards to tenants as well as mattress covers, garbage bags, and general assistance in dealing with the problem. Some of the more enlightened landlords realize that their pest treatment costs go down if tenants can prepare properly and the work gets done well. So, short answer, check with the landlord.

      While it is unlikely that your grandma will want to be very adversarial with the landlord there is the possibility of a legal claim at the LTB. I would be curious to know whether the tenant with the infestation (and 4 treatments) is compliant with the preparation instructions or what is going on that the infestation is not being resolved. Is the landlord not treating using professionals? Is the landlord tolerating non-compliance without taking enforcement action? There might be grounds here to assert that the landlord should be liable for not dealing with the problem properly. The failure to properly address the problem is a failure/breach of the maintenance obligation and hence the costs incurred by your grandma are open to be claimed. Now this is a stretch, and whether the evidence backs this up is something you would have to prove. A tough case, but possible even if its not likely.

      Otherwise, check the City/town where your grandma lives. There tend to be resources for seniors and for low income persons for treatment and unit preparation. It is ideal when seniors can stay independent in their own homes as long as possible. Support for these kinds of things extends independent living.

      Lastly, if your grandma belongs to any church or other such organization you can sometimes volunteers from those organization who will come in and assist. Places like Victorian Order Nurses (VON) are a resource and there are many others that don't pop to mind right away. Check a local legal clinic--not necessarily for legal advice--but for referrals to resources. Also, google the phrase "housing help" and similar words as there are usually housing support organizations (usually government funded) that can put you in touch with agencies that can help.

      Good luck

      Michael K.E. Thiele
      www.ottawalawyers.com

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    2. Thank you very much for the thorough response.
      We do know the landlords have had professionals in, so that is good. We will definitely follow up with the landlord to learn what they are doing with the problem unit to ensure the tenant's compliance.
      To the best of my knowledge, this is the first bedbug problem the building has ever had and I wonder if the property manager (who lives on site) is aware of everything she needs to be. The landlords live out of town.

      We will follow up.
      Thanks again,
      Tricia

      Delete
  26. Hi, my tenant moved into my house for more than two weeks and he told me that he found there are beg bugs after two weeks he already moved in. I never had any beg bugs in my house, so i really don't think it started from us. I asked him to find an alternative so i can clean up the beg bugs, but he refused to leave, and ask me to pay for the exterminator fee, i told him i can cover everything but only if he moves out because those chemical spray can also be harmful, i don't think it's a good idea for him to continue living there, otherwise if those chemical treatment got anything bad on him, should i be responsible?. who should be responsible for this bed bug? thanks!

    ReplyDelete
    Replies
    1. Hi: Unfortunately you are not going to like or be impressed with the answer. The Residential Tenancies Act makes you, as the landlord, responsible for the treatment of pests (like bedbugs). You can not charge this back to the tenant. It is a cost of doing business. The tenant is required to cooperate with the treatment process. To meet your obligation, as landlord, you should retain a professional pest control contractor. That contractor will advise you about the treatment methods. While I understand what you are saying about the risks of exposure to pesticides, I do know that apartments are treated for bedbugs (all of the time) and the tenants continue to live there. It is unlikely that you can make the tenant move in order to treat the premises.

      I agree that it seems quite likely that the tenant brought the bedbugs with him. He might already have had bedbugs in his old place and simply moved them with his possessions from his old apartment into your house. Alternatively, he might have used a truck that had bedbugs in to from another move. He might have bought some used furniture with bedbugs. There are lots of possibilities. Your prior tenants (if any) might also have had bedbugs. Proving definitively where the bugs came from will be difficult if not impossible.

      If you could prove, with a great deal of certainty that the tenant was somehow responsible and negligent in bringing the bedbugs into the house you might have a case against the tenant for the costs of treatment. However, be aware that it would be quite extraordinary if you had the evidence to prove this and it is very doubtful that you would be able to. Also, the knee jerk reaction at the Landlord and Tenant Board is that you, as landlord, are responsible for treatment and the tenant is not.

      Good luck
      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  27. Hello my appartement building last year had bed bugs the landlord at the time did all the proper stuff pest comapmy notice all that. It was good for about 6 months between that time my building was purchased by a company in another city (3 hours away). At the begining of the month i noticed the bed bug again after a long night shift(needless to say i didnt sleep that day). I let the new landlords know about it. I jad to text his cell phone even inculded a picture. Its now been about 21 days with nothing back from him ive tried calling him woth no answer. Im trying today again but if i dont get anything back is there anything i can do about it. Thank you for any help your able to give.

    ReplyDelete
    Replies
    1. Hi: Please make sure to notify the landlord in writing and in a way that you can prove that you complained to them about the bedbug infestation. Without any response or action from the landlord contact your city property standards department. They may have the authority to make an "order" to the landlord to treat the unit. In some cities they will refer you to the health department to make a complaint. Regardless, there should be some authority in the City to inspect and make an Order.

      At the same time, or after if you want to see if anything happens, you can apply to the Landlord and Tenant Board using from T2 & T6. Ask for an Order to treat for the pests, a rent abatement, and compensation for the trouble you are going through. Unfortunately, the hearing process at the LTB will take some time. If living in your unit is "impossible" with the infestation and it is affordable to you--you could go to a hotel, motel (reasonably priced) and claim that money from the landlord---this only becomes a reasonable claim to make for the period of time that is "after" a normal and reasonable response time. Another option, if you have the cash and want to be aggressive, you could call a professional pest control company and ask them to come and treat your unit. Prepare it according to their unit prep sheet and get the sprays done. You could claim this money in your application and then ask the LTB to Order the landlord to have neighbouring units inspected for infestation if you strongly doubt (perhaps on advice of pest control contractor) that you are not the "source" of the infestation.

      Good luck
      Michael K. E. Thiele
      www.ottawalawyers.com

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  28. Hello,

    I LIVE IN SKYLINE APARTMENTS AND YESTERDAY SUDDENLY MY MANAGER GAVE ME NOTICE OF INSPECTION AND TODAY SHE CAME FOR INSPECTION WITH SOME GUY AND TOLD ME THAT MY APARTMENT HAS BED BUGS AND THE TREATMENT WILL BE TAKEN PLACE IN NEXT FEW DAYS AND I have to pay $4400(total cost of treatment) to pest control team...Is this legal? Am I responsible for paying this much of amount?

    Thanks

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    1. Hi: On the facts you put here the short answer is "no, most definitely not". It would be an unusual situation for a tenant to be responsible for the cost of bed bug treatment--or any pest control treatment for that matter. Pest control treatment is the landlord's responsibility and obligation to pay for. Further, the amount of $4400 sounds like the cost of treatment of a whole building--perhaps several times. There is no way that $4400 is legitimately the treatment cost for one unit (a typical treatment). Are they proposing some kind of super high-tech method? Or is it the typical unit preparation (wash clothes and bag, move stuff away from walls, etc.) and they put down poison and if fancy, steam clean your furniture? If so, this does not cost $4400.00.

      If there is something particularly unusual about your situation let me know, but in a typical tenancy, normal unit, etc. etc., you are not responsible for the cost of treatment.

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  29. Hi Michael, i rented an apartment from wynn rentals in June of 2017. The apartment had been freshly painted and the kitchen somewhat remodeled ( location was a bid deal as it was close to my office downtown ) I specifically asked the manager who had been here dor 25 years if “ they was a bed bug or cockroach problem in this building? I had said i would appreciate she tell me if they was as i would pass then on the unit” manager responded “ absolutely not, when we have had small issues, we immediately took action” i had looked under the bed bug registry amd hadn’t found anything major. I went ahead and rented the unit. Within a week of moving in, roaches started popping out. No problem management sprayed my unit, they usually go away an dthen comeback a few days later. This has been a continuous problem, given the rental problem in toronto, i have sort of been stuck here. Last year Wynn sold all their buildings to a new rental company who promised major renovtions and upgrades in all of tgeir buildings. First move they made was cut in site security that was on 24/7 to instead replacing security with signs that read “ this building has cameras” on two occasions they sprayed every unit in the building ( over 500 u its in my building ) again, roaches disappeared for a few days and cameback. In october, i purchased brand new living room set, bedroom set, kitchen set, freeer, microwave , tv etc. Just after they sprayed for roaches. Now the problem is worse then ever, they come in under the door ( hall carpets are surey 40 years old ) and trough every pupe in kitchen and bathroom. I have them in microwave, inside the fridge ( not where the food is, but right inside the door, inside the tv, sofa, bedroom, you name it. Everyone has this problem. If i complain, yes they will spray ut it has proven useless. Having a cat when they spray has also had it’s issues with finding a place for the day.

    My question is, can i now sue the rental company in front of the LTB for all my furniture, tv, microwave etc? Ivetaken pictures and videos with different dates, sometimes right after they sprayed or a week later, which is what management would always say “it’s normal that you will still see them around after they spray”only problem is they never leave. They live inside hall carpets and the walls. I would love to move but rent for similar units is nearly double now. I feel that tey bare responsibility ( new owners but still same manager who will still tell new tenants “ no major roach problem “) which was a total lie when i rented here. Can i call a pest control that will effectively do something and deduct the rent? Has been same pest control company with really nonchalant workers spraying as if they were sprying their flowers with spring water. Would appreciate any advice, thank you and have a great day. Cheers !

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    1. Hi: As you are considering an application to the Ontario Landlord and Tenant Board you should be aware that there is a one year time limit on tenant applications before the Board. You need to apply within 1 year of the date of the incident you are complaining about. Given that you moved in 2 years ago there will be parts of your experience that will be outside of the one year time period. It is likely that the Board would not consider the incidents further back that one year from the date of any application that you bring. Hence, time is of the essence.

      Can you "sue" your landlord at the LTB? The extent of the infestation problem you are describing does beg bringing an application. Take a look at the T2 application and the T6 application, both available on the LTB website. You may file both of these applications at the same time in a combined application. It is worthwhile to simply read the blank forms as these forms will give you an idea of the nature of the allegations you will make and the remedies that you might seek. Everything in the T2 and T6 comes from the Residential Tenancies Act so if you're interested in the finer details consider reading the RTA (you can find it on www.canlii.org).

      Filing an application is probably the easy part of what you want to do. The more difficult part is coming up with the rationale for the application and further having the supporting evidence. Getting to the bottom of the problem in your building and identifying how the landlord is not dealing with it in a proper manner is the trick. When you file an application to the LTB you have the burden of proof and you have to establish the nature of the problem. Simply making a bald allegation will not get you the result you are looking for.

      Consider firstly trying to get government to assist you. In particular, see if you can get the building inspected by the City and to have work orders made. These inspections and orders are great evidence at LTB hearings. After that, you might find yourself needing to hire an "expert" exterminator who can identify the problem and opine on a proper solution. Your landlord might respond with its own expert and then the adjudicator may be asked to decide between the two experts in deciding why the problem subsists and how to deal with it.

      As for the loss of your property, or infestations of it, these are things that you can indeed claim. Whether you get full value, current value, or anything at all depends entirely on how the landlord's failure to maintain the premises caused an issue with your property. Be aware that a one off maintenance problem (say a leak from a ceiling ruining a bed) is unlikely to impose liability on a landlord. A landlord is not an insurer of your property and hence is not liable just because your stuff got damaged. Liability only begins to accrue when the landlord has had an opportunity to repair something, knew of a problem, did nothing or did what they were supposed to do poorly and then damage occurred. The liability attaches not because of an incident occurring but because a landlord failed to prevent the incident occurring the risk of which they knew about before the incident happened or the landlord fails to properly repair or in your case treat for pests.

      The kind of case you are contemplating is complicated. If you can at all manage it, you should truly consider retaining an experienced lawyer or paralegal to assist you. The LTB process while appearing to be designed for self represented people is not in fact that. It is an adversarial process and the law, procedure, and strategy are important. If your opponent has experienced counsel you will be at a real disadvantage.

      Good luck to you.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  30. My tenants have found bed bugs and I have agreed to pay for this. They now want me to pay for their new bed and want money for the clothes that have been thrown out. Other than the payment for the pest control, am I responsible for anything?

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    1. Hi: The correct answer, 99% of the time, is that you are only responsible for the pest control treatment. The tenants, if they decide to replace clothing, bedding, furniture are responsible for that cost. If the infestation is so severe that furniture or items can not be successfully treated then the tenants will have to get rid of those items and the cost/loss is theirs to bear (i.e. not the landlord). The 1% of the time that a landlord could be responsible for these expenses is if the tenant can establish that the landlord fails to treat promptly or properly. If the loss arises from the failure of the landlord to fulfill its obligations under the RTA then the costs of that breach can be visited on the landlord. Note that the liability doesn't flow because of bedbugs--but because of the failure to properly treat for the bed bug infestation.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  31. Hi, Michael. I just moved from a rooming house that had no bedbug problem until a few months prior to my move. I moved into a well-maintained rent-geared-to-income seniors' apartment building. The previous landlord was diligent in hiring a pest control company that applied high heat plus spraying, twice. The bedbug problem seemed to disappear, and everything returned to normal. I laundered everything I owned before moving, and threw out some items that seemed risky. Now, in my new place, I've started to notice some bedbug bites. I will have to inform the superintendent of this situation. The question is, if I'm honest with him, and tell him about the bedbugs at my former address, even though the problem was taken care of, can my new landlord place the responsibility on me and charge me for treatment? I suppose the type of building I'm in now has already had bedbug problems. I don't want to be dishonest, but I think I've done my part, and maybe I should just report it as a brand new problem for me. Money is an issue. Do you have any thoughts on this? Thank you.

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    1. Hi:

      Thanks for this question and for describing what must be a very bothersome issue. My thoughts about this are first focused on your obligations under the RTA. Accordingly, you have an obligation to inform the landlord (via the superintendent perhaps), that you suspect having bed-bugs or other pests in your unit. Inform the landlord of the issue, preferably in writing, and follow up until they send a licensed pest control contractor. The first visit will likely be to determine if there is activity, the second visit to treat and then a 3rd visit will be about three weeks later (if bedbugs) to get the ones that hatched after the first spraying.

      Should you tell the landlord that you had bed-bugs at your old place? I would not volunteer the information but I also wouldn't hide it if asked. Though I doubt very much that the landlord will ask if you had bed bugs at your old place. Even if the landlord does ask, the conversation will not be fruitful as no one is in a position to know anything with a certainty.

      Do you really know whether you transported bed bugs from the old place to the new? I doubt very much that you "know". You suspect it because the inference seems logical--especially based on the evidence that you have. However, this logical inference may well be thrown out the window if you say, found out that the prior resident of your unit had bed bugs. In fact, that your prior building was treated and the steps you took suggest that you would not be the source of the bugs. Another possibility for bug transport is the use of moving trucks, purchase of new but used furniture, other people moving in and out etc.. You should be aware that bed bug infestations are exceptionally common. That you could pin down the infestation to any one source is unlikely and even if you could, the exact mechanism of infestation is likely undeterminable.

      The likely response from your current landlord is to simply send a contractor to inspect and spray without any inquiry into the source.

      Good luck
      Michael K. E. Thiele
      www.ottawalawyers.com

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  32. Hi there, this blog was very educational but I have a question regarding non-voluntary, non-compliance:

    I live in a highrise, our building's management has informally (verbal only) advised that pest control MAY commence next week (March 2-6) but they have not given us formal notice or any instruction sheets.

    The issue is that both myself and my roommate are out of the country from February 29-March 8. This is prebooked and cannot be changed. We have asked the superintendents on Monday, Wednesday and today this week what we need to do to comply and if indeed pest control will be coming next week. They advised us today that yes, the building SHOULD (they still could not confirm) be completed next week but still cannot provide us any instruction sheets.

    I have sent them formal correspondence asking them to forward instructions by tomorrow or I will be unable to comply as I'm out of the country. I have informed them I would like to comply but simply cannot if the instructions are not received.

    I am concerned they will attempt to charge me for the repeat pest control if my unit cannot be completed due to non-compliance that is COMPLETELY not under my control. I would like to cross my T's and dot my i's. Would this correspondence be sufficient to prevent a charge? I have sent it to both my property management and the owner's head office.

    Thank you,

    Amanda

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    1. Hi Amanda: Your actions seem entirely appropriate and I don't see the Landlord and Tenant Board (LTB) holding you liable for any costs associated with failed compliance (not even a little bit). Not knowing the exact nature of the treatment and for which pests makes it difficult to prepare for a "generic" pest control treatment as they are too different depending on the pests and methods.

      The letter you have provided is reasonable and they will simply have to wait until you return or treat as best they can with the unit not prepared.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  33. Hello Michael.

    I have had an ongoing problem with bed bugs for over a year. My landlord has provided three spray treatments for a total of six sprays which have been unsuccessful. They sent in a K9 last week and two baby bed bugs were found.The landlord now wants to do another treatment. I have leukemia and have a severe allergic reaction to insect bites. I spent many months in pain and on prescription meds in an effort to relieve this pain. My landlord is aware of this and I told him I have photos of the blisters and scars. I have asked for a heat treatment to get rid of this problem once and for all but it falls on deaf ears. They don't seem to want to do it and don't respond to my request. When I reported seeing more months back I was told by a staff member that they would look into a stronger chemical. They then said they would like to give the exterminator another chance. I reluctantly agreed. After that treatment I was told there were no more bugs. A couple of months later I saw another one and requested heat treatment which would guarantee they would eliminated along with any eggs. Not only do I have leukemia but my husband has Alzheimers and problems walking. The prep is a big upheaval which I have done three times! On Friday night I got a Notice to Enter for Monday morning. No mention of a stronger chemical and again no response to my request for heat treatment. So this is my question. After 7 unsuccessful sprays coupled with fact that I have severe allergic reactions to the bites and scars on my body that will never heal, do I have the right to demand heat treatment to get rid of them once and for all or do I have to allow them to do a seventh spray, again, with no guarentee it will work this time either. When is enough enough? I have suffered both mentally and more important, physically for over a year. Thank you for your response.

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    1. Hi: There is certainly no question that dealing with bedbugs and all of the work that goes into preparing for bedbug treatment is stressful, anxiety causing and of course expensive (i.e. the laundering). Nevertheless, there isn't much option but to prepare for treatment and have it done otherwise the bedbug infestation will tend to become increasingly severe.

      I understand from what you describe that the pest control company is having difficulty in ridding your unit of bedbugs. The question is "why". Is your unit surrounded by other units that have bedbugs? Are you somehow reintroducing bedbugs to your unit--via guests, used furniture, etc.? Is it possible that the recurrence of bedbugs is not a continuation of an infestation but a new infestation? Then of course, perhaps the pest control contractor is incompetent. Perhaps they are not using the proper product. I'm not familiar with "stronger chemicals" as an answer but certainly I've had experience with more frequent treatments for stubborn infestations. To have any kind of opinion on how to deal with the infestation we would need an explanation from the pest control contractor--or another pest control contractor providing an expert opinion, as to what is going on and why there is difficulty in getting rid of the infestation.

      You mention a few times the idea of a "heat treatment" and you seem to desire this as a way of dealing with the infestation. I don't really know if a "heat treatment" would be appropriate for your rental unit. In my experience, I haven't had a single "expert" (other than the one's who sell the process) recommend heat treatments as a way of getting rid of bedbugs. The common objections I've heard is that the process of bringing up the temperature simply drives the bugs to neighbouring units and away from the heat (and then they return after the temperature returns to normal). I've also had civil engineers in building systems provide reports advising that a heat treatment would be prejudicial to the building system and that there is a risk of damage to the property---one factor that I remember reading and was surprised about was that a "heat treatment" could actually melt the wax seals on the toilet fixture thereby causing plumbing problems. Other issues were how the building is heated and how the building HVAC systems deal with heat and removing it. In the report I read--dealing with a relatively modern building--the engineer indicated that it would take at least a week or more to return building temperatures to normal and that during this period the building would effectively be uninhabitable. This is a big deal, of course, if the treatment is in an apartment building where many other tenants reside.

      Ultimately, I don't know whether your situation now calls for a heat treatment or whether that is the appropriate approach. It is a question for experts (and likely more than one) to express a qualified opinion on the correct approach and the implications of any particular approach. Certainly, I think it is fair at this stage for you to demand an expert opinion as to why the problem has not been solved and for a proposal on how to solve the problem once and for all. I think it would also be reasonable to ask for an expert opinion about treating your unit via a heat treatment and what the pros and cons are.

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    2. As you are not getting much cooperation from the landlord (i.e. silence) you might get to the stage where you need to retain your own expert to solicit an opinion on how to deal with the problem and then compel action through your own lawyer or paralegal. How this goes really depends on the expert advice.

      You do mention in your question that you suffer from health conditions and also that your husband suffered from dementia. These factors are relevant from an accommodation perspective and certainly can inform your landlord's duty to accommodate you if you have disclosed these conditions and any limitations arising from them and any requirements that you might have. If it is determined that "heat" is an appropriate way of dealing with the bugs and further that chemical treatment would be just as effective but cheaper----your personal circumstances might indeed be a reason to compel the landlord to use the more expensive "heat" treatment. However, in my view, you will still need to establish that a "heat" treatment is likely (based on expert opinion) to be successful and that the process itself will not have any extreme consequences for other tenants or the building structure.

      I hope that long answer is helpful to you. Unfortunately there are never any easy answers when it comes to persistent infestations.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  34. Thank you for this blog! I have found it very helpful as a landlord dealing with bed bugs for the first time. I have a single family house that I have rented for many years and never encountered the problem before. The current tenant has been there for two years and just this week found bites on her young son and discovered bed bugs. She said she had never seen a bed bug before and thinks it is a result of staying at his dad's last weekend. Neither of us knew who was responsible for the cost of treatment but I called professional pest control and they are coming Tuesday. In the meantime she has a lot to do to prepare for the treatment.
    After reading this blog, it appears that I am responsible for the cost of treatment even though the bed bugs were introduced by the tenant. Do you agree?
    Also, for future reference, is it allowable to put a clause in a tenancy agreement that the tenant agrees to be financially responsible for all pest control costs for bed bugs. This would be in conjunction with an inspection for bedbugs paid by me before moving in.
    Once again, thank you for your very helpful clarification and advice.
    Sylvia

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    1. Hi Sylvia:

      Bedbugs are a scourge and there is no end in sight to their continued presence. Pest control is a landlord responsibility as part of the "duties" of a landlord as described in the RTA. Shifting the cost of treatment to the tenant is effectively shifting a landlord responsibility to the tenant--which will not be permitted or legal under the RTA. Hence, even if you insert a clause shifting the cost to the tenant in your lease that clause will be, in my opinion, illegal. This view, of course, causes a lot of outrage for many landlords who think it is quite unfair and exceptionally expensive. I've heard all of those arguments but it isn't a matter of argument---it's how the RTA is written.

      If the presence of pests arises from negligence or other blameworthy conduct---and you can prove it--then perhaps there is an angle to transfer the costs to the tenant as "damage". However, that is going to be exceptionally difficult to do. In some cases I've had the source of the bedbugs has been the tenant's constant bringing used furniture and street found appliances and furniture back to the unit. Those items turn out to be infested with bedbugs. This reckless behaviour, especially when pointed out to the tenant, can be a basis for termination and transferring treatment costs if the tenant does not stop the behaviour.

      However, on a "one off" or when there is no apparent blameworthy behaviour I think the landlord is stuck with the treatment cost and it becomes part of the overhead in being a landlord. It might be worth considering this as a reasonably foreseeable expenses when calculating your overhead and setting rents (to the extent that the market allows).

      Good luck
      Michael K. E. Thiele

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    2. Thanks for your prompt reply. I appreciate the advice that it would be illegal to insert a clause about bed bugs in a tenancy agreement. Hopefully, this is a 'one off' and my tenant will be proactive and responsible as she has been a good tenant. If it happens again, I will definitely consider raising the rent which I have not done during her tenancy. At $1000 per treatment I would soon be running in the red.

      Thank you,
      Sylvia

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    3. Hi Sylvia:

      You may wish to get quotes from a few other pest control companies.

      Michael K. E. Thiele

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  35. Hi Michael, i have been reading all these questions and answer and received alot of information thank you! I do have a question hope you can help

    I was having finacally difficulty so i decided to rent my condo out for the first time the lease was for a year( my daughter and i lived there for 10 years) when i returned about a week ago i have discovered that my place is infested with bed bugs, the tenant is denying that she has them, my daughters room is infested. She did not inform me that i was moving back in to that.is she responsable to pay for the exterminator? Is it consider destruction of property or a health hazard? Thank you in advance

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    1. Hi:

      Until very recently the answer to this question was a rather straightforward "no"--meaning you had little to no recourse against a tenant for this kind of issue. Typically, a tenant gets an infestation and reports it to the landlord. The landlord then is required to have the unit treated --usually by a licensed pest control company/person. That expense belongs entirely to the landlord as it is part of the landlord's maintenance obligation to maintain the unit free from pests. A tenant who does not cooperate with the pest control process (preparing the unit for treatment is the biggest issue) can be served with a Notice of Termination (N5). The usual run around is that the landlord re-attends with the pest control (often several times) to try to treat for the pests. The expense of repeated treatment attempts is often an unrecoverable expense for the landlord. The most one could typically hope for is an eviction of the tenant for failing to cooperate.

      This has changed (somewhat) with the amendments to the Residential Tenancies Act. The new section 88.1 (it is law--but not yet proclaimed in force), will allow landlords to recover expenses against tenants when their conduct, for example, warranted an N5 to be served and that conduct caused the landlord to incur expenses.

      The good example of what the new law will allow to be recovered is the expense of having pest control attend numerous times when the tenant either refuses entry or fails to have the unit ready for treatment. Under the new provisions, a landlord will still be on the hook for treatment costs initially--but increased costs and unnecessary expenditures arising from a tenants failure to cooperate can likely be recovered against the tenant.

      So does this help you? Probably not, but likely only because the new section 88.1 has not yet been proclaimed in force (meaning there isn't jurisdiction at the Board yet to allow this kind of claim to be asserted). If the section were proclaimed I think you may have a claim against your tenant for the costs of treatment. Whether you do (or not), depends on the severity of the infestation and whether you can prove that your tenant had bedbugs, that she knew that she had them and did nothing to alert you to the problem. The basis of the claim would not be that there were bedbugs (because infestations do happen) but because of a failure to notify you and allowing the infestation to become more entrenched. What becomes blameworthy, I think, is the failure to deal with issues in a timely way and to notify the landlord of the problem in a timely manner. The passage of time becomes an issue of neglect and continued neglect can make what might have been a small issue a much bigger one or turn a minor issue into a disaster.

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    2. In summary, the section of the RTA that would help you most is not yet proclaimed in force (I just checked the Ontario laws proclamations page). Beyond that, if it were in force, are you able to prove that the tenant failed to report it and neglected the infestation? She is denying the infestation so you would have to prove that the infestation was present in the unit and obvious. It is entirely possible that the tenant will say that there were no bedbugs present in the unit when she was there AND she may argue that you must have picked them up when moving back into the unit (maybe from the moving truck?, new furniture? new used furniture?, from the movers' equipment?). To be successful in your claim you would need to clearly demonstrate neglect and a failure to maintain the premises to a standard of ordinary cleanliness on the part of your tenant. Without being able to do that you would, in my opinion, be out of luck.

      As s. 88.1 is not yet in force you might consider bringing the same claim at the Small Claims Court (presuming the tenant is out of possession?). That being said, I'd urge you to get legal help in bringing the claim. The new statutory amendments mean that the law is in transition and claims that normally were made in the Small Claims Court will very soon have to be made at the Landlord and Tenant Board (presumably-- as jurisdiction over post tenancy matters can be heard there now). The statutory amendments also seek to create some clarity about jurisdiction as there was a near constant debate about whether tenants or landlords could bring claims in the Small Claims Court or whether you had to go to the LTB. In your case, I'm confident that the proper venue (with your tenant out of possession) is still the Small Claims Court. However, you should expect a fight about that if you do file a claim there.

      Good luck

      Michael K. E. Thiele
      www.ottawalawyers.com

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  36. Hello Michael

    Hope you are well. I rented a house in Kingston Ontario with three other girls starting september 2019 (ends August 2020). Due to Covid i had to move back home to Calgary and decided to sublet my room (May to August). My sublet mentioned she was having rashes in june and if i ever had any bedbug problems. I had used the bed for 8 months prior to that and never had any rashes or concerns. As of today I asked her for pictures of my bed and she saw that it was infested with bugs.

    I am wondering if I have to incur any cost regarding this when I notify my landlord about this since I was not the person who brought the bedbugs into this house. I am also wondering if this would be considered damaged property since this statement was in the signed agreement between me and the subtenant "The sublessor will provide the following furniture: single sized bed and mattress, desk, chair and
    dresser. The subtenant agrees to surrender and deliver to the sublessor the premises and all furniture and decorations within the premises in as good a condition as they were at the beginning of the term. The subtenant will be liable to the sublessor for any damages occurring to the premises or the contents thereof or to the building which are done by the subtenant or his/her guests."


    Thankyou, any help will be appreciative for this first time subletter!!!

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    1. Hi: Based on what you've written here I would not expect you to incur any costs associated with treatment etc.. Trying to trace the source/origin of bedbugs is virtually impossible. There are a great many ways that they can be brought in to a unit--from delivery people, tenants, guests of tenants, service workers, and frankly anyone who attends the property. Then of course, the bugs can hitch rides on just about anything. While used furniture creates a heightened risk it is entirely possible for bedbugs to catch rides on brand new items as well or in bags, suitcases, backpacks etc.. Examples of this hitching rides have been in the news in Ottawa where government employees have taken home bedbugs from their workplaces.

      So, all that being said, you should notify your landlord immediately of the problem. The landlord should respond with a pest control contractor being hired to attend the property to treat for the bugs. Sometimes this may mean a fist visit to assess the unit and then a scheduled first treatment and then a few weeks later an inspection and follow up treatment. That should be the end of it, though further treatments may be needed. The pest control contractor will likely provide an instruction sheet on how to prepare the unit for treatment. This instruction sheet really needs to be followed. All clothing, blankets, and soft items like this will need to be hot washed and bagged. Furniture will need to be moved away from walls and access given to the pest control contractor. The instruction sheet will have all of the details. You will need to ensure that your sub-tenant complies. Given that this is a room in a house the other tenants in the house should also be notified and told to make their spaces ready for treatment. Follow the advice of the pest control contractor--but surely your co-tenants won't want the bugs to be driven from a treated room to an untreated room.

      Good luck
      Michael K. E. Thiele
      www.ottawalawyers.com

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    2. Thankyou Michael! Helps me figure out my next steps :)

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  37. Hi Michael!

    Really appreciate your in-depth answers and suggestions.
    I'm renting a unit in an apartment building in Toronto. I've been unable to live in my apartment for almost a month now due to the building managements negligence and lack of proper communication due to a bed bug infestation in my unit.

    After finding many bites, I reached out to the resident manager, on the 28th of December to get pest control into my unit to see if I had bed bugs. I got no response. I reached out to a higher up for assistance and was told that someone would be in the unit on Jan. 4 2023 to inspect the unit. Someone did come by, but for a spraying... which I was not aware of or prepared for. The exterminator said the building manager would have to rebook for a spray. I asked the resident manager to book the appointment for the following Monday (Jan. 9) so that I would have enough time to prepare my apartment. I followed up with him on Sunday, Jan. 8, after I had prepped my entire unit for a spray (meaning my apartment was unliveable as my clothes and furniture were packed into garbage bags and pulled into the centre of my living space). I was told that there was no confirmation for an appointment. It was baffling that I was only hearing about this the day before.

    I finally heard back from him on Tuesday, Jan. 10 that the pest control company was unable to give him a confirmed date for a spraying... which made very little sense as it's a business. How are they unable to confirm a date? At this point, I had been out of my apartment since DECEMBER 28, 2022.

    After reaching out again, on Wednesday, Jan. 11, 2023, I was told that pest control would be in my apartment on Wednesday, Jan. 18 between 1-5pm. I got no updates from him on the 18th, so I reached out to confirm pest control had been in my apartment. I received a voice note telling me that there was a miscommunication and that pest control was in the building to spray the common areas. HOW DOES THAT MAKE SENSE? They were in the building... why would they not go to my apartment? And why was I not informed of this earlier? He then let me know that pest control would be in my apartment on JANUARY 25.

    January 25 rolls around and you guessed it, something prevented them from getting into my apartment. The resident manager messaged me to tell me that he didn't have keys for my unit... that somehow he never received them from the previous residential manager and was therefore unable to let pest control in. He rebooked the spraying for February 3. At this point I have now been out of my apartment for 35 days. And counting as there is a second appointment booked for a final spraying.

    Am I able to file for rent abatement? What exactly are my rights?
    Thank you so much for all of your help!

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    Replies
    1. So this is a great question wrapped in a rather common set of facts--meaning, lots of tenants experience exactly what you are describing. Somewhat unique (at least in my experience) is that you seem able to afford to live elsewhere (friends, hotel?), during the period of your unit being infested with bedbugs. Most tenants that I speak with are unable to move out during an infestation and therefore suffer the ongoing bites during the treatment period. You will soon discover that even after the first treatment that the bedbugs are not necessarily dead. You may be forced to wait several weeks more for a follow up inspection and potential second spray to hopefully finish off the bugs (and that too doesn't always work as hoped).

      So what is your recourse? Before focusing on Residential Tenancies Act (RTA) remedies and what you might do at the Landlord and Tenant Board (LTB), I'd recommend that you reach out to your City. I state that generically for all readers of this comment (i.e. reach out to your city, town, township). Over the last several years Cities and towns have passed property standards bylaws and other bylaws regulating in greater specificity the obligations of landlords--especially with respect to essential services. It is not uncommon now for there to be bylaws mandating inspections, maintenance, treatment, of rental unit and the creation of a regulatory scheme that creates obligations on landlords. The potential benefit of these Bylaws is that the breach of them can result in Provincial Offences Act tickets being issued to landlords as well as the City entering the units to do the work that the landlord is failing to do. Of great benefit to the tenant is that the involvement of Property Standards (i.e. the City Inspectors) is that it begins a paper trail and documented reports of shortcomings. These reports are created by people without an axe to grind and are therefore generally considered objective and reliable. This is extraordinarily useful if you need to "prove" your case at a future hearing at the LTB. Hence, my first advice is to reach out to the City to get any action/help you can from Property Standards.

      Next up. What are your rights? Well, your landlord has very broad obligations to maintain your unit and to provide your with a unit that is fit for habitation. There is certainly enough commentary and discussion in numerous cases that a unit that is infested with bedbugs (or any pest) is ultimately not fit for habitation. That being the case, the landlord is therefore in breach of its obligations under the RTA if the infestation is allowed to persist.

      Of course, nothing is perfectly easy. The landlord's breach of the act (i.e. duty to maintain the unit s.20 RTA), can be forgiven (based on caselaw) if the landlord responds to the issues reasonably and in a timely way. The landlord is not a guarantor of a perfect unit all the time. The landlord is also not liable in breach of contract (which wouldn't require a negligence analysis) as the Court's have indeed incorporated a negligence type test in determining a landlord's liability for failing to maintain a unit as per their section 20 RTA responsibilities.

      .

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    2. What does all that mean? Well, simply put, is your landlord responding reasonably and responsibly? What you describe as your current experience I think allows for a resounding "no". It should not take as long as it has to treat your unit and the errors in getting into your unit sound like gross incompetence. It is simply unacceptable.

      So what can you do? Well, you can prepare and submit a T6 Application to the LTB seeking a rent abatement and Orders to address the issue and make your unit fit for habitation. If the LTB determines that the Landlord's response to the issues is inadequate you will be entitled to a rent abatement and other remedies. How signifiant those remedies are and whether the abatement is meaningful (in quantum) is a different question and arguably the LTB is reputed to be ungenerous in awards for these kinds of issues. A "big" problem these days is that if you do pursue a T6 Application (maybe combine with a T2 Application as well---see LTB website), your case will not see the light of day for about a year. This is entirely a bureaucratic problem and the effects of a system that isn't working. How useful is an application to the LTB if your problem is real and urgent and the only recourse is to a legal system that won't listen to you for a year? It was not always like this--there was a time when the LTB was efficient--very efficient even (and no, COVID has nothing to do with it notwithstanding what some would like us to think).

      Is there anything else you can do? The answer is "yes" but it is not an option that I can endorse directly as the RTA doesn't recognize the option as a proper way to proceed. You are not supposed to withhold rent and can face some music if you start with such "self-help" approaches. That being said, it is quite interesting to follow through what happens if you do "withhold" rent and basically tell the landlord that you are helping yourself to a rent abatement. This tends to get the Landlord's attention (i.e. no happy), and then they threaten and serve you with an N4 to terminate tenancy for Non-Payment of Rent, then they apply to the LTB, then there is a hearing, then you raise as a defence under section 82 (like a counter-claim) your grievances re pest control. It is messy, a tad stressful, but getting the landlord's attention is the objective. The landlord not getting their rent is a national emergency compared to you not having a habitable apartment (at least from the landlord's perspective). Forcing the issue via self-help can get your problem solved in a more timely manner. Just note, it isn't an "approved" option and you need to have a little financial flexibility to throw your weight around. Ultimately, though, your tenancy isn't very likely at all to be terminated and you very likely have the right to remedy any non-payment even if you turn out to have been dead wrong about your complaints against the landlord. So, it is a great option (not officially), but perhaps one that you can undertake with the assistance of a lawyer or paralegal who can shepherd you through the process.

      good luck

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