Residential Tenancies Branch

Pest control

s. 59, The Residential Tenancies Act
The City of Winnipeg Neighbourhood Liveability By-law No. 1/2008
s. 20, The Public Health Act

Definitions

Pests: for the purpose of this subsection, pests include insects like cockroaches or bed bugs and rodents like mice or rats.

Pest control requirements fall under municipal bylaws or The Public Health Act. These requirements may vary from one municipality to another.

A landlord is generally responsible to:

• investigate complaints about pests in a rental unit or residential complex;

• get rid of the pests using commonly accepted methods; For example: spraying for insects, setting traps for rodents; and

• make any repairs necessary to prevent pests from getting into the unit or complex. For example: fixing holes in a foundation where mice are entering the unit.

A tenant is generally responsible to:

• keep the rental unit reasonably clean and uncluttered to try to prevent pests from entering the unit and multiplying;

• tell the landlord about a pest problem so the landlord can deal with the problem before it spreads to other units;

• allow the landlord, or someone hired by the landlord, to enter the unit to exterminate, or get rid, of the pests;

• follow the landlord’s or exterminator’s instructions on preparing for the extermination so the treatment can be as effective as possible; a tenant may have to empty closets or kitchen cupboards or move furniture.

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If a tenant is not able to do the work needed before the extermination, they should speak to their landlord. The landlord may need to help the tenant move their belongings. If the tenant and landlord can’t resolve the problem, they may ask the Branch for assistance.

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If a tenant is concerned about any health risks because of spraying, they should discuss their concerns with the landlord. It may be necessary for the tenant to find another place to stay while the spraying is happening. If the tenant and landlord can’t resolve the problem, they may ask the Branch for assistance.

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To get rid of insects, a landlord may need to spray an entire floor in a residential complex or possibly the whole complex. If a tenant doesn’t co-operate by allowing the landlord to enter their unit, the treatment may not be effective. If the landlord doesn’t spray one unit, the insects in that unit won’t be killed. These insects may eventually re-infest the rest of the floor or building once the effects of the spray wear off. If a landlord has to re-spray, the landlord may choose to file a claim against the tenant for the cost of the second extermination.

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The Branch or the tenant may also decide to contact the municipal health authority to help resolve a pest problem.

Procedure

Overview

This policy is included as information for landlords, tenants and officers. If a landlord and tenant aren’t able to solve a pest problem on their own, they can ask the Branch for help.

Steps ▼

1.The officer encourages the tenant and landlord to share information, and to discuss the problem, to try to come to an agreement.

2.If the landlord and tenant can’t agree, the officer may:

• refer the landlord or tenant to their local Environmental Health Office; or
• issue an Order allowing the landlord to enter the unit to exterminate the pests.

Forms & Form Letters

X-Referencing

For details on mediation, see Section 1.
For information about a landlord’s right to enter a rental unit and the notice required, see General Information about Privacy in Section 3.

Policy Developed

March, 2004

Last Revision

May, 2015

Other Resources

None

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