The landlord must make sure the premises comply with public health requirements at all times. Under the Minimum Housing and Health Standards, the landlord must make sure the rental property is free of insect and rodent infestations. That said, the tenant must also:
- keep the property reasonably clean
- allow entry for any pest control treatment and
- follow the instructions of the exterminator
What a tenant can do with pest issues
If a tenant is having pest issues, they should notify the landlord about the problem in writing. If the landlord ignores the problem, the tenant can contact Environmental Public Health or call Health Link at 811 to speak with a health inspector. A health inspector will investigate the situation and has the power to order the landlord to deal with the matter. The law prevents a landlord from evicting a tenant for making complaint to Environmental Public Health.
If a health inspector investigates and finds there is an insect or rodent infestation, the inspector can order the landlord to fix the problem. If the landlord ignores the order, the tenant can either apply to Alberta Court of Justice or the Residential Tenancy Dispute Resolution Service to end the tenancy. They also have the option to serve the landlord with a 14-day notice to end the tenancy.
Disputes over paying for treatment
Sometimes, there may be a dispute over who pays for treatment. If the landlord believes the tenant should pay, then the landlord may issue a bill to the tenant. Or, they may deduct the cost of the treatment from the security deposit. If the tenant refuses to pay or applies for return of the security deposit, then the landlord will have to bring evidence to show that the tenant did not follow the exterminator’s instructions. The judge or tenancy dispute officer will decide who should have to pay based on the evidence before them.
For more information, visit the Alberta Residential Landlord Association’s Bed Bug Resources.
November 2023
