A B.C. landlord was ordered to return a tenant's payment for pest control services despite the tenant failing to "meet minimum sanitary standards."
The tenant paid the landlord a $236.25 chargeback fee on May 14, 2023, for purportedly not preparing her unit for pest control services. However, the tenant contested the charge and brought the issue before the Residential Tenancy Branch (RTB) for dispute resolution.
The tenancy commenced on Aug. 1, 2015, with a monthly rent of $880 and a security deposit of $440. The current rent is $1,100 and a pet deposit was paid during the tenancy for $500 a month.
The landlord contracted a pest control company to deal with pest issues.
Pest control company's notes submitted to dispute hearing
The RTB states the following notes were made about the rental unit inspections:
Feb. 6, 2023 - Inspection Only
- Minor sanitization, spilled food and standing water
- No hoarding
- No live cockroaches were found during the inspection
March 9, 2023 - Treatment Appointment
- Unit not prepared for treatment (no attempt made or unable to treat due to pets in unit)
- Minor preparation was performed; cabinets were emptied.
- The aquarium was left plugged in and running. Unable to track down tenants to unplug and cover.
- Closets and baseboards not emptied.
March 22, 2023 - Treatment Appointment
- The bedrooms, living room, dining room, and hallway were not prepared
- The bathroom and kitchen are partially prepared
- Cluttered
- Live cockroaches were found in the kitchen
The landlord served the tenant with an "undated notice" stating her unit did not "meet minimum sanitary standards" leading to pest issues. The notice states that her last chance to rectify the condition of the unit was March 22, 2023, and failure to do so would result in a one-month notice to end the tenancy.
On April 11, 2023, the landlord served the renter with a notice stating that on Feb. 8, 2023, her unit did not "meet the building’s minimum requirements for cleanliness or clutter."
On March 16, 2023, building management provided a preparation sheet to ensure arrangements could be made for the unit to be ready for treatment. However, the Pest Control Technician report from March 22, 2023, stated that the tenant failed to prepare it appropriately. As such, the landlord wanted the tenant to pay for costs associated with pest control inspections or additional treatments.
The notice states that the tenant owed a Pest Control Chargeback amount of $236.25.
Tenant contests landlord's statements
The tenant said that during the March 9, 2023, appointment her adult son was in the unit and no one asked him to rectify any issues. He also told her he was asked to leave the unit so they could do the treatment. The tenant said no one attempted to contact her to discuss the fish tank or ask her to return to unplug it.
The tenant also disputed not preparing for the March 22, 2023, appointment, noting that her small apartment remained cluttered despite her best efforts to move items. She characterized the landlord and pest control company as "nitpicky and uncooperative."
The landlord said the tenant was issued clear directions about the fish tanks and terrariums, noting that they are a "liability issue for the contractors" and required specific preparation. They said they couldn't discuss specific availability with the tenant because the "treatments were completed by floor," with an entire floor scheduled each day.
The tenant was provided three days' notice to prepare the following:
- Remove all items from kitchen cupboards, drawers, and countertops
- Remove all items from bathroom cupboards and drawers
- Declutter
- Vacuum baseboards Move all furniture at least 2 feet away from walls
- Empty closet and storage room
- Remove all electrical and light switch covers
- Unplug all fish tanks and terrariums and cover them with a tight-fitting towel or sheet
In its ruling, the RTB stated that the landlord did not reach out to the tenant during the inspections to allow her to voice her concerns and to make adjustments for the pest control company. It also noted that significant preparation was required before the inspection and the landlord did not reach out to the tenant to confirm that she could meet the requirements without assistance, "such as assistance in moving the furniture or advice as to where or how the pest control would like all the relocated items to be stored."
The RTB ruled that the landlord's requirement for the tenant to pay the chargeback fees for incomplete pest treatments did not comply with the Residential Tenancy Act. The landlord was ordered to pay the tenant a chargeback fee plus the $100 filing fee for a total of $336.25 on March 11, 2024.
