A tenant was ousted from their unit in a B.C. rental building after the landlord claimed they were the epicentre of a massive bed bug and rodent infestation.
The landlord and tenant each filed for dispute resolution with the Residential Tenancy Branch (RTB) and the hearing was held via teleconference.
The tenant received a one-month notice to end the tenancy for cause on March 12, 2024, with the landlord noting that they had significantly interfered with or unreasonably disturbed other occupants and seriously jeopardized their health or safety. The landlord added that the renter put the property at risk, according to the proceeding's documents.
The landlord previously withdrew a notice to end the tenancy issued on Feb. 17, and the second was issued on March 7. They said the tenant lived there for several years. However, the rodent and bed bug infestation had intensified in the months before the notices and the tenant's unit was the "epicentre of the issues."
Repeated room inspections showed issues with bed bugs and mice in several other units in the building but those "units are neatly kept, and this particular rental unit appears to be the source of the problem."
The landlord said five different sets of tenants moved out due to the ongoing presence of bed bugs and mice. After inspecting each of their units, it was determined that they weren't the source of the infestations. Additionally, the landlord reported that these units had moved past the ongoing pest issues. Since the tenant struggled to follow basic instructions from pest control and keep his unit clean, the landlord faced financial hardship and couldn't deal with the issue.
The landlord's pest control expert, identified as A.S., testified that he managed all pest control activities for the building and the tenant's unit was the only one that was dirty and was "clearly" the source of the infestations.
"The Tenant has repeatedly left garbage and clothes all over his apartment, despite numerous warnings to clean up," they explained, adding that there was no way to remediate the unit in its current condition. Additionally, the tenant was hostile toward them, throwing rodent traps out the window that were set to manage the infestation.
A.S. said they were "100 per cent" certain the tenant caused the infestation and had attended the building weekly for roughly a year. In one incident, they recalled the tenant swearing at them aggressively because they were photographing the unit for pest treatments. Now, he won't return because he is afraid.
The landlord provided photos from Jan. 20, March 8, and March 15 that showed the unit was dirty.
The tenant said they did not throw rodent traps out their window
The tenant refuted the claim that he threw things out the window and said he was polite to the pest control expert but did not swear at them. He also noted that he lived there for 24 years and felt the notice was in retaliation for a compensation claim he filed in January.
During the proceedings, the renter said he took out the garbage daily and had mostly cleaned up the mess. The tenant's advocate added that the rental unit had some cleanliness issues in previous months but didn't warrant cause to end the tenancy. Further, they were never given proper written instructions regarding how to handle the infestations.
The advocate also noted that other units on the third floor were treated for infestations, two floors above the renter's unit. This contradicts the assertion that the tenant's unit was the source of the infestation.
Both parties agreed that if an order of possession was granted, it could be delayed by a few months given the duration of the tenancy.
In their ruling, the RTB arbitrator stated that the "pest control agent provided more clear, consistent, and compelling testimony regarding the instructions and warnings" on an ongoing basis, versus the statements made by the tenant.
The arbitrator added the tenant received numerous verbal instructions and written notices were not required, noting that it was "more likely than not that the Tenant failed to follow the treatment instructions, including how to prepare for future pest control efforts." They also believed the landlord's testimony corroborated by their witness that the tenant likely threw mouse traps out the window and used profanity.
"I am satisfied that the issue with pests and rodents has seriously affected other Tenants in other nearby units, and although the Tenant asserts he has been compliant and done more cleaning since the Notice was issued, I note the Landlord’s pest control agent refuses to return to the Tenant’s unit, despite it being the “epicentre,” due to hostile behaviour from the Tenant," they said.
The landlord was granted an order of possession effective July 31. Since the landlord was substantially successful in this hearing, they were awarded the recovery of the filing fee of $100.
