Bed Bug Infestations - Rights & Responsibilities Who is responsible when a bed bug infestation is discovered in an apartment?If a tenant has a problem with bed bugs or other insects or pests, they should immediately inform the landlord, superintendent or property manager, who must then make an effort to control the problem. Tenants are responsible for cooperating with the landlord’s efforts to manage the bed bugs. When can the landlord enter to inspect an apartment?Landlords have the right to enter to inspect and maintain rental units. Tenants must be given written notice 24 hours in advance. Landlords can only enter a unit between 8 am and 8 pm. Tenants have the discretion to allow landlords and pest control operators into their unit at other times, or without advance notice, except in an emergency. Treating an apartment for bed bugs is not considered an emergency, so tenants should be given proper notice and adequate time to properly prepare the unit before the application of a pesticide. Can a landlord evict a tenant for reporting bed bugs?A landlord cannot evict a tenant for reporting an infestation of bed bugs. Landlords can only evict tenants after an order from the Landlord and Tenant Board has been issued, and only for the reasons stated in the Residential Tenancies Act. What is the least expensive and fastest solution to controlling bed bugs?Early detection is important to addressing an infestation. There is no fast, inexpensive solution and only licensed pest control operators should be used. If the job is not done properly, bed bugs will return and continue to spread. The problem will then become more serious and expensive. What if other units have bed bugs? Do all tenants have to co-operate?If the pest control operator believes there is also a need to treat neighbouring units, the landlord may have the right to enter to inspect and treat the neighbouring apartments as well as the affected apartment. What if a tenant cannot or will not properly prepare their apartment for treatment of the bugs?Proper preparation is key to successful treatment and prevention of bed bugs. Landlords should inform tenants on what to do in order to make the treatment effective. This can mean a lot of work for tenants, including clearing out shelves, laundering all clothing and bedding, moving furniture away from walls and removing clutter. Many tenants may require help from friends and family. External and social service agencies may be able to provide assistance as well. Who pays for pest control costs?Landlords are responsible for the costs of pest control. Landlords can apply to the Landlord and Tenant Board for an order to charge a tenant extra money above rent or a key deposit if a tenant causes them needless expense, such as missing an appointment to let a pest control operator into the unit. The tenant will have a chance to explain, and the Board will decide if an extra charge is warranted. What can Ottawa Public Health do to help?The Public Health Inspector will liaise with property management and tenants to achieve the best outcome, work with external agencies to provide bedbug remediation assistance, assist with identification and provide education and direction on Integrated Pest Management measures (IPM). Anyone concerned about bed bugs can call the City of Ottawa at 3-1-1. Calls are forwarded to a Public Health Inspector for follow up. What if a landlord fails to take action?If a landlord refuses to help with a bed bug problem, tenants may obtain assistance or advice from a legal clinic, the Landlord and Tenant Board or from Ottawa Public Health. What can the Landlord and Tenant Board do for landlords or tenants?The Landlord and Tenant Board will accept applications from either tenants or landlords. After holding a hearing, the Board can issue an order against either the landlord or tenant. If the Board determines that one person has not fulfilled their legal duty, it may issue an order, such as paying less rent or requiring one person to pay money to another. The Board also has a mediation process, which may help landlords and tenants find solutions to a bed bug problem. Where can tenants and landlords get help and information?Ottawa Public Health has resources on bed bug identification, treatment, control and prevention. Licensed pest control operators understand the necessary steps to be taken. Community legal clinics can provide free legal advice to tenants. The Landlord Self-help Centre may be able to help small landlords such as homeowners with a rented basement. Resources
Adapted from material developed by Toronto Public Health. |
CON014928