Under Ontario’s Residential Tenancies Act, 2006 (RTA), landlords are responsible for keeping rental units in a good state of repair and fit for habitation, which includes dealing with pest infestations like bed bugs. If your landlord is not taking adequate steps to resolve the issue, here’s what you can do:
1. Notify Your Landlord in Writing
Your first step is always to inform your landlord about the bed bug problem in writing (email or letter). Clearly state the issue and request they take action to eliminate the infestation. Keep a copy of this notice for your records.
2. Allow Reasonable Time
Landlords need a reasonable amount of time to investigate and arrange for professional pest control services. What’s “reasonable” can depend on the situation, but they should act promptly.
3. File an Application with the Landlord and Tenant Board (LTB)
If, after notifying your landlord in writing and waiting a reasonable time, the bed bug problem persists or hasn’t been properly addressed, you have the right to file an application with the Landlord and Tenant Board (LTB).
- The Form: You need to use Form T6: Tenant Application about Maintenance. This form asks the LTB to address issues where the landlord has failed to maintain the rental unit or comply with health, safety, or maintenance standards.
- Fee Waiver: There is a fee to file an application. If you cannot afford the fee, you can submit a Fee Waiver Request form along with your T6 application.
4. What You Can Ask For in Your T6 Application
When you file the T6 form, you can ask the LTB for different remedies (solutions):
- Order the Landlord to Fix the Problem: Request an order compelling your landlord to hire professional pest control and take all necessary steps to eliminate the bed bugs according to acceptable standards.
- Rent Abatement (Rent Refund): You can ask for a rent abatement, which is a retroactive reduction or refund of rent you paid while living with the unresolved bed bug issue. You can request an abatement for up to one year before the date you file your T6 application.
- Reasoning: Explain to the LTB how the infestation affected your ability to live comfortably and enjoy your unit (e.g., inability to sleep peacefully, stress, bites, unusable space). You can suggest an amount (e.g., a percentage refund for the affected months), but the LTB Adjudicator will decide the final amount based on the evidence. For example, if you endured the issue for six months before the landlord acted properly (or before filing), you could reasonably ask for an abatement equivalent to a portion or all of the rent for those six months.
- Compensation: If you had reasonable out-of-pocket expenses due to the landlord’s failure to act (e.g., replacing items necessarily discarded because of the landlord’s delay, not just general prep costs), you can ask the LTB to order the landlord to reimburse you. Keep receipts.
- Address Landlord Non-Compliance: If you believe the landlord has deliberately ignored their responsibilities, acted unreasonably, or failed to comply with the law, you can ask the LTB to make that determination. Such a finding by the LTB can be used to hold the landlord accountable and could potentially lead to further enforcement actions or penalties against the landlord for serious breaches of the RTA.
5. Keep Good Records
Evidence is crucial. Keep copies of:
- Your written notice(s) to the landlord.
- Photos/videos of the bed bugs, bites, or infested areas (with dates).
- Any communication with your landlord (emails, letters, logs of calls).
- Receipts for any related expenses you are claiming.
- Notes on how the infestation impacted your life.
Disclaimer: This information is for general guidance only and is not legal advice. Laws and procedures can change. For advice specific to your situation, contact a legal clinic, paralegal, lawyer, or tenant advocacy group familiar with Ontario’s Residential Tenancies Act and the LTB process.