Bed Bugs (Abatement)

TET-20134-11 (Re), 2012 CanLII 44831 (ON LTB)

2. The Tenant has brought the instant application claiming once again that the Landlord has failed to meet its maintenance obligations under section 20(1) of the Act by failing to address a new bed bug infestation and a mouse problem in the rental unit.

23. The evidence before me leads me to conclude that after the January 27, 2010 hearing of TET-02033-09, the Tenant remained silent on the issue of bed bugs in his unit until August 18, 2011. At a minimum, the Tenant did not report his concern through the proper channel until August 31, 2011 when he submitted a written service request. It is curious that the Tenant, who went to some effort to compile photographic and video evidence to support his current application, would not have logged his maintenance concerns in writing with the Landlord. Yet from the January 27, 2010 hearing up to August 31, 2011 there is no written record of the Tenant ever complaining to the Landlord about bed bugs. It is incumbent on the Tenant to promptly report his concerns using the established maintenance request protocol setup by the Landlord. This is especially true in the case of a multi-tenant residential complex.

24. The Landlord in my view acted reasonably during the month of September 2011 to initiate an investigation of the bed bug problem and to schedule a treatment of the Tenant’s unit. I also note that the Tenant interference with the generally accepted pest control protocol such as requesting the removal of the preventative dusting on September 22, 2012. The Tenant also delayed treatment of his unit by not having it properly prepared on September 22, 2012.

25. The Tenant claimed to have an ongoing problem with bed bugs in his living room and kitchen after the September 29, 2011 treatment. Yet there is no record of the Tenant complaining about the problem after this date. I note that the Tenant testified that he experienced bed bug bites during the month of December 2011. Interestingly, when the Tenant wrote to the Landlord on December 8, 2011 to request action about a mouse problem, he made no mention of having his unit re-treated for bed bugs.

27. The evidence reveals that the Landlord has not been so forthcoming to address the Tenant’s concerns about mice in the rental unit. The Landlord’s witness, A.G., testified that no complaint had been received from the Tenant regarding mice. The December 8, 2011 service request regarding mice which was tendered at the hearing suggests otherwise. Furthermore, video evidence taken by the Tenant on February 1, 2012 revealed the presence of rodent droppings in the under cabinet area next to the kitchen sink. While the Landlord did eventually dispatch a pest control company to the Tenant’s unit on February 8, 2012, this was two months after the problem was reported in writing and only after the Tenant involved municipal licensing and standards. A two month rent abatement in the amount of fifty percent is warranted to addresses the seriousness of the maintenance issue while at the same time recognizing that the Tenant was still able to make use of his unit.

V. Determination:

1. I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act to maintain the rental unit and failed to comply with housing and maintenance standards in relation to treating the Tenant’s unit for the presence of rodents.

VI. It is ordered that:

3. The Landlord shall pay to the Tenant a rent abatement of $179.00. This amount represents a fifty percent rent abatement for the period from December 8, 2011 to February 8, 2012.

TET-10802-20 (Re), 2020 CanLII 61323 (ON LTB)

Evidence:

4. The tenancy commenced on March 1, 2020. The monthly rent was $1,800.00 ($1,750.00 rent and $50.00 parking). The Tenant resided in the rental unit with her four children. Some time after moving into the unit the Tenant and her children began to experience bites on their bodies. On March 30, 2020 the Tenant found a live bed bug in the unit. She informed the Landlord about the bed bugs on March 31, 2020.

Analysis:

20. I am satisfied that once informed of the presence of bed bugs, the Landlord took timely and reasonable steps to eradicate the problem.

21. The question is, however, whether the Landlord’s failure to seal the cracks/gaps was reasonable.

22. The Landlord acknowledged that there had been bedbugs in the rental unit previously. The log of pest control treatments established that the unit had been treated and that there were two inspections conducted by the pest control company prior to the Tenant moving in which confirmed that the unit was free of bed bugs before the Tenant moved into the rental unit. The Landlord relied on the information provided by the pest control company. The Landlord had no knowledge of the presence of bed bugs in the Tenant’s rental unit at the time the Tenant moved in.

23. I find that the Landlord should have followed the recommendation of the pest control company and sealed the crack/gaps as recommended in the log on February 5, 2020. The Landlords’ failure to do so was not reasonable in the circumstances. As such, I find that the Landlord was in breach of its obligation sunder section 20 of the Act.

Remedies:

27. I find that $500.00 as an abatement of rent due to the Landlord’s breach is reasonable. I have considered the nature and duration of the breach, the Landlord’s failure to seal cracks/gaps and its prompt response once informed of the presence of the bedbugs, the Tenant’s decision to move out before the Landlord had an opportunity to rectify the problem and the effect of the breach on the Tenant and her family.

It is ordered that:

2. The Landlord shall pay to the Tenant a rent abatement of $500.00.

CET-07423-10 (Re), 2010 CanLII 76098 (ON LTB)

Determinations:

2. There was already an issue with bed bugs in the rental unit and the surrounding units before this tenancy commenced.

3. The Landlord did respond when they were made aware of the problem and hired [Company name removed] pest control to treat the units for bed bugs. However, despite the treatment, the bed bugs continued to be a problem.

4. The Tenant is entitled to a rent abatement of $750.00 since the rental unit was not in a good state of repair and fit for habitation as a result of the bed bugs.

5. The Tenant’s request to terminate the tenancy as of October 1, 2010 is granted. The bed bug problem began in 2009 before this tenancy commenced and was still a problem in this unit or neighbouring units at the time the Tenant vacated on October 1, 2010.

It is ordered that:

1. The tenancy between the Landlord and the Tenant is terminated effective October 1, 2010.

2. The Landlord shall pay the Tenant a rent abatement of $750.00.

3. The Landlord shall also pay the Tenant $777.44 for the cost the Tenant incurred to replace his bed.

Reasons to Order CET-07423-10

6. The Landlord’s maintenance obligations and the irrelevance of fault has been referred to in court cases and was upheld by the Divisional Court in Offredi v. 751768 Ontario Ltd [1994] O.J. No. 1204. In that case the Divisional Court stated: “The question of fault on the landlord’s part is not the issue... What the tenants claim is a breach of contract. The tenants were paying full rent for premises which the landlord was under an obligation… to keep in a good state of repair and fit for habitation. The landlord failed to do that. That is the basis for the claim for an abatement …”

7. The irrelevance of fault was discussed by the Ontario Court of Justice (General Division) in the case of 35 Charles Street West v. Metropolitan Toronto Housing Authority [1996] O.J. No. 5469. The Court stated that the no fault approach to a landlord’s obligations is consistent with the approach taken to a tenant’s obligation to pay rent. A tenant is required to pay rent regardless of whether or not they have the money to pay. It is no excuse for a tenant in arrears of rent to explain they have no money to pay rent due to circumstances beyond their control.

Amount of Rent Abatement

12. Therefore, the amount requested is reduced to a 50% rent abatement ($750.00 x 50% = $375.00 x 2 months = $750.00). The amount ordered recognizes the considerable inconvenience and discomfort caused by the bed bugs in the unit.