Pests & Bed Bugs
Landlords are required to keep units and buildings pest-free. This includes paying for pest control measures like spraying and mouse traps. Tenants must notify their landlord if there is a pest problem. See Resources for template letters notifying the landlord of a pest problem and demanding action.
Tenants can only end their lease if there is a major pest problem. They must apply to the tenancy board in order to do this. If the landlord tries to get rid of the pests but can’t, tenants can still end the lease. It doesn’t matter how much your landlord tries to get rid of the pest problem, what matters is whether or not they successfully get rid of them. Tenants who are living with prolonged pest issues may be eligible for a rent abatement – regardless of whether or not the landlord is actively trying to control the pest problem. For more on rent abatements, see Getting Your Rent Back.
Bed bugs are slightly different from other pests. Unlike rats or ants, bed bugs can travel with people – so if a tenant brings bed bugs into a building they could be held responsible. The landlord is still responsible for treating the unit, but the tenant is responsible for damages caused by bringing the bed bugs into the unit.
If tenants are affected by bed bugs but did not bring them into the unit, they cannot be charged for the damages. It can be very difficult for a landlord to prove a tenant brought bed bugs into the unit. Especially in multi-unit buildings where it’s difficult to say who brought in what. Ways that tenants can bring bed bugs into the unit include buying used furniture or clothes or taking things in from the street.
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Bed bugs can cause serious damage to a person’s belongings and to their psychological well-being. Be extremely cautious when buying things second hand or when bringing in furniture from off the street – especially soft items like chairs and mattresses.
If there are damages to your belongings because of a pest problem, keep any receipts and proof in case you apply for money back on your rent.
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Tenants need to cooperate with landlords to ensure the unit can be prepared and sprayed for pests. (Gray v. Metropolitan Regional Housing Authority, 2015 NSSM 49)
Landlords must provide clear instructions to tenants on how to prepare for pest control and give proper notice that they’ll be entering the unit. (Leblanc v. Markos, 2023 NSSM 74)