Bed Bugs - Abatements (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1851
Page Categories:	[Maintenance Abatements (LTB)]
Citation:	Bed Bugs - Abatements (LTB), CLNP 1851, <6S>, retrieved on 2024-11-23
Editor:	MKent
Last Updated:	2022/02/25

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TNT-78314-16 (Re), 2016 CanLII 72028 (ON LTB)

1. The Tenants proved, on a balance of probabilities, the presence of bed bugs in the rental unit. The C of T property standards by-law requires properties be kept free from bed bugs at all times. The Landlord therefore did not comply with a housing standard.

2. The Landlord’s agent agreed that the Tenants complained of the presence of cockroaches at the rental unit sometime before January 2015. The Landlord’s agent testified that the Landlord sent a pest control technician to the unit in January 2015 to treat the unit for cockroaches, but not for bed bugs. The Landlord’s agent testified that the Landlord’s pest control company returned to the rental unit in February 2015 to treat the unit for bed bugs. Because, however, the Tenants had not properly prepared the rental unit, the Landlord’s technician was unable to treat the unit that day.

3. The Landlord’s agent that there was no evidence that the Landlord treated the rental unit for bed bugs, or any other insect, between February 2015 and May 2015.

...

9. I accept the Landlord’s agent’s evidence that the Landlord became aware of bed bugs in the rental unit in February 2015. Unlike the Tenant BM’s evidence, the Landlord’s agent had an independent recollection of events. I therefore find the Landlord’s agent’s evidence about when the Tenants advised the Landlord of bed bugs is more reliable than BM’s evidence on the issue.

10. The Landlord did not dispute the Tenants’ evidence that bed bugs persisted at the rental unit until the Tenants vacated the unit on February 1, 2016.

11. Based on the reduced use and enjoyment of the rental unit because of the presence of bed bugs, I find that it is reasonable to order the Landlord to pay to the Tenants a 20 percent abatement of rent for the period February 1, 2015 to January 31, 2016, or $3,168.00.

SWT-11556-10 (Re), 2010 CanLII 58936 (ON LTB)

8. In November 2009, there was a bed bug problem in at least one other rental unit in the residential complex, as unit 404 was treated for bed bugs on November 4, 2009. There was no evidence that the Tenant was aware of this treatment.

9. On November 4, 2009, the Tenant found a bed bug on the shower curtain in the rental unit and showed the insect to the Landlord’s building manager, D.L. The Tenant also reported that she was being bitten. Since a pest control technician was already in the complex to treat unit 404, D.L. had the technician inspect the Tenant’s rental unit that same day. According to D.L., the technician found no bed bugs in the Tenant’s rental unit. The Landlord paid the $40.00 inspection fee for the Tenant’s rental unit but did not have the unit treated.

10. The Tenant continued to receive bites and on November 10, 2009, she found another bed bug in the rental unit. The Tenant spoke to the building manager, D.L., but he said he could not authorize spending another inspection fee so soon after the first inspection, and he suggested the Tenant should let him know if she finds another bed bug. The Landlord did not have the rental unit treated.

11. On November 12, 2010, the Tenant showed her bites to D.L. and to one of the Landlord’s employees, J.D. D.L.. asked the Tenant who she was letting into her bedroom and J.D. commented “if you don’t lie down with dogs, you won’t get fleas”. The Tenant told them it was the Landlord’s legal responsibility to deal with the problem and the Landlord’s employees told her “good luck” and “get in line”. These inappropriate responses to a legitimate problem caused the Tenant’s reasonable belief that the Landlord would not take the problem seriously.

12. On November 13, 2010, the Tenant found a third bed bug in the rental unit and posted a notice in the hallway informing other tenants that there was a bed bug problem in the building, that bed bugs were spotted on the third floor and that tenants had to be watchful and work together to prevent an outbreak. This annoyed the building manager, D.L., who approached the Tenant and asked when she was moving out. The Tenant gave evidence that D.L. asked her to move out more than once after she posted the notice on November 13, 2010, so she began making arrangements to move. D.L., in his evidence, did not deny asking the Tenant to move out, and I find that he did.

13. On November 16, 2010, the Tenant wrote a detailed complaint letter addressed to another of the Landlord’s employees, M. In the letter, the Tenant described the bed bug problem and wrote that she was making provisions to move her belongings out, but she did not specify a termination date. Even after receiving the complaint letter, the Landlord took no action to treat the rental unit for bed bugs.

14. Having received no real assistance from the Landlord, the Tenant did some research and determined that she had to treat the rental unit to ensure she did not transfer bed bugs to a new residence. The Tenant purchased a steamer unit and diatomaceous earth. The Tenant moved her furniture away from the walls, sprinkled the diatomaceous earth around the baseboards and furniture, steamed her mattress and other items, and washed her clothing and kept it in bags. The Tenant also purchased cream and herbal supplements, and used a sauna, to treat her bites. The Tenant repeated the treatments according to her understanding of the bed bug life cycle, and moved her treated belongings into storage. Slowly it appeared that the problem was brought under control. However, arranging her belongings to facilitate the treatments kept the Tenant’s living space in disarray until she moved out. From December 2009 onwards, the Tenant slept in the living room with a turtleneck sweater over her face. The Tenant had to delay employment projects, specifically video shoots, until the bites on her face healed. In early January 2010, the Tenant became ill, which delayed her move until January 18, 2010.

15. The Landlord was already aware of a bed bug problem in the residential complex on November 4, 2009, when the Tenant made her first report. The Tenant found bed bugs in the rental unit and received multiple bites on her face and body. The rental unit was not reasonably free from pests and therefore was not in a good state of repair as required by subsection 20(1) of the Act. The Landlord had the unit inspected once, which did not resolve the problem. Despite being aware of the problem, and despite the Tenant’s multiple complaints, the Landlord did not have the rental unit inspected again or treated for bed bugs by January 18, 2010, the date the Tenant moved out. Instead, the Landlord’s employees made inappropriate comments and asked the Tenant when she was moving out, which was not a proper response to the problem. For these reasons, I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act.

16. The Tenant sought an abatement of rent. Considering the impact of the Landlord’s breach on the Tenant and on her enjoyment of the rental unit, I find that the Tenant is entitled to an abatement of 50% of the rent for the period from November 4, 2010, the date of first complaint, to January 18, 2010, the date she moved out. The abatement is calculated as follows. For November 2009: 27 days X $26.63 per day X 0.50, which totals $359.51. For December 2009: $810.00 X 0.50, which totals $405.00. For January 2010: 18 days X $26.63 per day X 0.50, which totals $239.67. The total rent abatement owed to the Tenant is $1,004.18.

17. The Tenant sought compensation of $285.00 for expenses she incurred because of the Landlord’s failure to maintain the rental unit. The Tenant submitted that her storage expenses were not part of her claim. The Tenant’s claim for the steamer unit, mattress covers and turtleneck sweater are denied because the Tenant retains those items for her continuing benefit. The Tenant’s claim for herbal products (black seed oil, florasone, eucalyptus essential oil and red clover) is also denied because the Tenant provided insufficient evidence to establish a connection between those products and their use as a bed bug or bite treatment. The Tenant is entitled to compensation for the following reasonable expenses: sauna treatment ($31.50 including tax), diatomaceous earth ($8.91 including tax) and bandages ($6.20 including tax), which totals $46.61.