B.C.'s Residential Tenancy Board (RTB) ordered a landlord to deduct hundreds of dollars from a tenant's rent after they threatened to evict them if they didn't pay for part of a cockroach extermination.
The tenant filed a claim for compensation after their landlord ordered them to pay $131.25 following a cockroach infestation in the multi-unit residential building where they reside.
In 2023, the landlord hired a pest control company to eradicate a cockroach infestation that spread to several units in the building, according to hearing documents. The company said the tenant's unsanitary living conditions contributed to the infestation. As such, the landlord sought reimbursement for pest control, including from a few other tenants.
On March 22, 2023, the landlord sent the tenant an invoice for a charge back for pest control treatment for $131.25. On April 11, 2023, the landlord's property management company sent a notice titled "Breach of Tenancy” and “Re: Pest Control Charge Back.”
In the notice, the landlord stated that the tenant was responsible for any costs associated with pest inspections or additional treatments required to bring the unit and surrounding ones to a sanitary and clean condition. It also noted that the matters constituted a breach of the tenancy and failure to make the payment would result in a 30-day notice to end the tenancy with cause.
Tenant paid money under threat of eviction
The tenant paid the amount on May 13, 2024, but believed he shouldn't have been charged since he paid under threat of eviction. The landlord said they were entitled to a charge back because the rental unit's condition contributed to the issue. Furthermore, they said the tenant's voluntary payment means they accepted responsibility for the unit's condition.
The RTB arbitrator said the landlord wasn't legally permitted to impose a charge back on the tenant, and doing so was a breach of section 5 of the Residential Tenancy Act (RTA). They said issuing the threat of a notice was "wholly unnecessary and out of proportion to the underlying issues."
If a tenant and the landlord cannot agree on who should pay for pest control, the landlord should seek a monetary order through dispute resolution under the RTA, the arbitrator added.
The tenant was awarded the $131.25 they paid and the cost of their $100 filing fee. They were authorized to deduct $231.25 from a future rent payment in the hearing on March 23, 2024.
