Bed Bugs and Other Infestations
Standards of Maintenance Bylaws
Bed bugs feed on the blood of humans, usually at night. They are often found in dwellings that have a high rate of occupant turnover such as hotels, apartments and shelters. Bed bugs have six legs, a large antennae, and a flat oval-shaped body of roughly half a centimetre in length. Their light brown colour turns to rust-red after feeding.
Since bed bugs are not known to transmit infectious disease, they are not widely considered a serious health risk. As a result, the presence of bed bugs cannot generally be used as a valid reason to end your tenancy under the Residential Tenancy Act, or as a ground on which to apply for an emergency repair order through the Residential Tenancy Branch.
Discovering Bed Bugs
It can be extremely difficult to determine how bed bugs entered a rental unit – especially in multi-unit buildings. If you find bed bugs in your home, it is likely they entered through:
- cracks in the wall from an adjacent unit;
- shared laundry facilities;
- guests who spent time in an infested area;
- luggage from an infested hotel;
- used furniture; or
- a moving truck;
When trying to detect the presence of bed bugs, look for the following signs:
- small red bites on your body after sleeping (although bites are not always visible);
- eggs, skin shells, fecal matter, and blood stains at the edges of your mattress / box spring, behind pictures, in dressers, and along baseboards;
- an unpleasant musty, sweet and almond-like smell.
If you find evidence of bed bugs, inform your landlord in writing immediately and request that they treat the problem within a reasonable period of time. See TRAC’s template letter, Bedbugs and Other Rodents. It can also be wise to take photos, have a witness visit, and trap a bed bug in a sealed plastic bag.
Treating an Infestation
Although you might be afraid to report bed bugs out of fear that you will be blamed for the problem, the safest course of action is to notify your landlord as soon as you discover evidence of an infestation. Once notified, your landlord should hire a professional pest management company to inspect and treat any affected units on the property. Neither you nor your landlord should attempt to treat an infestation on your own.
If your landlord does not hire a professional company, you can apply for dispute resolution through the Residential Tenancy Branch to request an order that they comply with the law and fix the problem. Alternatively, if you live in a City that has a Standards of Maintenance Bylaw, a Bylaw Officer might be willing to inspect your property, issue warnings or fines to your landlord, or otherwise enforce the bylaw. Discovering bed bugs is not considered an acceptable reason to withhold rent or end your tenancy early.
There are two types of bed bug treatment:
- Pesticide treatment: People and pets are required to vacate for 2-4 hours and the unit must be ventilated upon re-entry. A second treatment is usually required 10-14 days later, as the first treatment will not kill any of the eggs that are present.
- Heat treatment: Only one treatment is generally required because the heat usually kills both living bed bugs and any eggs that are present. Heat treatment is less common and more expensive than pesticide treatment.
The pest management company your landlord hires should provide instructions on how to prepare for treatment. For pesticide treatments, the more common of the two types, here are some tips you might receive:
- reduce as much clutter as possible;
- bag clothing and linens that are not being treated;
- move all furniture away from the walls;
- do not flip any furniture, particularly mattresses; and
- vacuum all floor areas and dispose of the bag immediately in an outside garbage bin.
After treatment, any bagged clothing and linens that have not been treated should be hot laundered and put in the dryer on medium to high heat for a minimum of 30 minutes. If an item cannot be laundered, place it in the dryer for 60 minutes on medium to high heat. Do not put any of the laundered items back in their original bags.
Paying for the Treatment
Landlords are generally responsible for arranging and paying for bed bug treatment. According to section 32 of the Residential Tenancy Act, landlords must ensure that their rental property is suitable for occupation and compliant with health, safety, and housing standards required by law. In addition, Residential Tenancy Branch Policy Guideline 1 says, “the landlord is generally responsible for major projects, such as … insect control.” If your landlord believes that you caused the infestation, they should still pay for treatment within a reasonable period of time, and then seek to recover compensation from you after the fact.
While it can be somewhat difficult to prove that a tenant caused an infestation, it is more common for a tenant to be found responsible for exacerbating an infestation by not reporting it in a timely manner or not cooperating during the treatment process. If you cause an infestation to spread by unlawfully denying access to your unit or not following the pest management company’s instructions, your landlord could have a valid argument that you should pay for, or at least contribute towards, the cost of treatment.
Standards of Maintenance Bylaws
The following municipalities have Standards of Maintenance or Good Neighbour Bylaws that specifically reference “bed bugs”, “insects” or “pests”:
Your landlord is generally responsible for dealing with all types of major projects related to insect control. If your rental unit is infested with bed bugs or any other type of insect, pest, or rodent, notify your landlord in writing immediately.
The Government of Canada’s website on pests and pest control provides details about the most common household pests aside from bed bugs.
Previous Legal Decisions
- Landlord not responsible for tenant’s bed bugs costs