A B.C. landlord was unsuccessful in getting money for damages from a bed bug infestation they claimed the tenants caused.
Bed bugs are one of the most notorious pests seen in cases before B.C.'s Residential Tenancy Board (RTB). Vancouver was also ranked among Canada's most bed bug-infested cities in 2023, with pest control company Orkin Canada performing the second-highest number of treatments.
According to Section 32 of the Residential Tenancy Act (RTA), landlords are responsible for providing and maintaining their residential properties in a state that complies with the health, safety and housing standards required by law. In other words, they need to try to prevent infestations from happening and deal with them swiftly if they do.
But tenants aren't off the hook for keeping their pads pest-free.
The RTA stipulates that renters must also maintain "reasonable health, cleanliness, and sanitary standards" in their units.
Bed bugs are adept hitchhikers and can easily spread through apartment buildings or on items of clothing or furniture from another location with an infestation. This means it isn't always clear who is responsible for an issue with the pint-sized pests.
A landlord applied for dispute resolution with the RTB to get money for unpaid rent, compensation for a bed bug infestation, and several damages to the unit; they also wanted to retain the damage deposit and reclaim their filing fee.
The tenant applied to get their damage deposit back and reclaim their filing fee.
The tenancy commenced on Sept. 22, 2022, with a monthly rent of $1,850, a security deposit of $750, and a pet deposit of $750. The landlord did an inspection report on Sept. 15, 2022, before the tenant moved in which was "allegedly" signed by the tenant JKK. However, the tenant "vigorously disputed" the report's authenticity.
The landlord said the tenant vacated the rental unit just over a year later on Sept. 30, 2023, after giving notice only one day earlier on Sept. 29. He added that they left many of their belongings behind after they left.
Tenants tell the landlord about the infestation
On Sept. 21, 2023, the tenants notified their landlord by text about a bed bug infestation in their unit. They testified the infestation had spread to their unit from an adjacent unit in the building and that the landlord denied his responsibility for handling the situation. Instead, he told the tenants to pay for fumigation and vacate the unit by Oct. 1.
The landlord stated that he fumigated the unit for bed bugs before re-renting it on Oct. 15, 2023, after the other tenants were gone.
Section 26 of the RTA stipulates that tenants must pay rent unless the tenant has a right to deduct all or a portion of rent under the act.
The tenants said they only gave one day's notice because the bed bugs made the unit unlivable and the landlord refused to help them.
In the hearing, the landlord GVJ claimed it wasn't his responsibility and the tenants were the "likely source of the infestation."
The RTB noted that the landlord had the burden of proof to establish that damages exist, compensation for repairs, that tenants caused damages, and that he took steps to mitigate losses resulting from the damages.
The RTB said the landlord made it clear he would not help minimize the damages from the infestation as he believed that responsibility fell on the renters. He also had to fumigate the unit to re-rent it, meaning the length of notice the tenants gave was irrelevant; there was "no indication" he would have started fumigating the unit earlier if the tenants remained.
The board also ruled that the landlord must maintain the state of the rental property; it also found no evidence that the tenants brought them in and accepted they came from another unit.
The tenants also left behind their bed and several of their belongings because they didn't want to bring the pests with them. The board found this reasonable given the circumstances.
A few small damages were considered reasonable for the landlord to claim and the board granted him $295.31. He did not recoup his filing fee.
The landlord’s entitlement to the security deposit was extinguished by his failure to make two appointments for the tenants to complete a move-out condition inspection.
The tenants were awarded a monetary order of $1,322.63; damage deposit ($1,527.24) - damages ($295.31) + filing fee ($100).
