Who Pays For Pest Control In A Rental Property?
CALGARY, AB. Two of the most common questions I get from landlords and tenants in rental properties, are: Who is responsible for any required pest control? And, Who is responsible for paying for the pest control services?
In Alberta, the short answer is that the property owner is responsible for both dealing with, and paying for any required pest control in a rental property, not the occupant. Though the occupant must comply with allowing access and properly preparing the dwelling for any pest treatment.
Pest control can be quite costly depending on the type of pest and the severity of the problem. Pest problems can also be rather unpredictable and occur very unexpectedly. So, defensiveness is a common reaction when someone is suddenly having to deal with a pest issue. Pests can also cause substantial property damage, and they can also be an indicator of a deeper problem in the property, such as leaks, water damage, or general degradation or disrepair. Each of these issues come with their own costs and responsibilities, so many landlords or property managers will try and imply blame, and try to recoup all or part of the cost for pest control from their tenants. This practice is either due to ignorance surrounding landlord rights and responsibilities, or due to underhanded landlords trying to play off the tenant’s ignorance regarding their own rights and responsibilities.
This issue is covered under Alberta Health, Minimum Housing and Health Standards, section 5, subsection 16 and 17, which read:
V. SANITATION
16.
The owner shall ensure that all rooms and other areas used in common by the occupants of the individual dwellings are maintained in a clean and sanitary condition.
(a)
The owner shall ensure that the housing premises are free of insect and rodent infestations; and
(i)
all situations requiring the application of pesticides must be applied in accordance with the Environmental Protection and Enhancement Act and regulations; and
(ii)
whenever a pesticide is applied in a dwelling, the occupant shall be notified in accordance with the latest edition of the Environmental Code of Practice for Pesticides published by Alberta Environmental Protection.
(iii)
it is the occupant’s responsibility to allow access in accordance with the Residential Tenancy Act and to do whatever is necessary to ensure the dwelling unit is ready for pesticide application.
17.
Every tenant shall allow access for repairs or pest control treatment as per the requirements of the Residential Tenancy Act.
Can an occupant be evicted for reporting pests?
No. A landlord cannot evict a tenant for reporting pest problems or infestations.
Landlords should encourage tenants to report pest issues as soon as they are noticed. Early detection can make extermination easier and faster.
Can landlords ask tenants for reimbursement of pest control costs?
No. Landlords are fully responsible for pest control costs.
In circumstances where occupants are not cooperative, and their lack of cooperation impedes or prolongs the pest control process, landlords can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or to the courts for an order to charge a tenant if a tenant causes them needless expense, such as missing an appointment, refusing access for an arranged pest control appointment, failing to prepare the dwelling as requested by the pest management professional. Tenants will have a chance to share their side and defend themselves. A hearing officer or a judge will make the decision.
Can a landlord do their own pest control to save money?
Landlords can set and manage traps, or take steps to change or modify the structure through additions or repairs to prevent or eliminate pests, but landlords SHOULD NEVER apply any pesticides or rodenticides in an effort to eliminate a pest problem in a dwelling that they do not reside in themselves.
”all situations requiring the application of pesticides must be applied in accordance with the Environmental Protection and Enhancement Act and regulations; and…”
If you do not reside in the residence, then pesticide and rodenticide applications should only be administered by pest management professionals to avoid liability for personal injury, harm or even death that can arise from improper use or application of pesticides. The risk for personal injury, harm or death of a person or pets also exists with domestic (or, over-the-counter) pesticides like you can purchase at your local hardware or home supply store.
What is the least expensive solution to controlling pests?
Prevention initiatives and early detection are the best ways to avoid costly pest control charges. There is no magic, fast, inexpensive solution to pest problems.
Landlords and tenant cooperation are important in fighting pests.
Only government certified pest management professionals should be used. Pest problems that are not dealt with properly can spread out or become worse, which can increase the overall costs, both with regards to pest control, but also with regards to cleaning up contamination or structural repairs that may be required due to pest activity.
When it comes to pest control, trying to save money often ends up costing more money in the long run. For reasons of liability, health, safety and efficiency, it is always best to start with hiring a professional.