Ontario’s Bedbug Solution: Penalize Landlords

by Chris on September 27, 2010

No doubt something has to be done about the bedbug pandemic.  Landlords who encounter the pests suffer from unhappy tenants and others are stepping up inspections and cleaning efforts to reduce outbreaks.   

Yet, when it comes to eradicating bedbugs all eyes seem to turn to landlords as the enforcers.  Ontario MPP Cheri DiNovo is proposing that any landlord who wishes to renew a rental license obtain a bedbug inspection on the rental property.  DiNovo refers to this solution as “self-funded” because landlords will pay a fee for every inspection.

Many feel Ontario landlords are already overburdened with regulation, and that they are among the victims of this troubling issue.

While landlords have a duty to provide a safe, healthy environment for tenants, which implies a unit free from pest infestations, many experts are blaming the sudden surge in bedbugs on the government’s banning of the pesticides used to control them in the first place.

Ontario Property Manager Vincent Shanahan points out, “If the banning of pesticides is the major contributor to the problem, and landlords are forced to clean up the infestations, then there should be a fund established by the government for landlords to turn to for compensation.”

It is impossible to trace how bedbugs get into a particular rental unit.  The bugs can travel easily from one unit to the next, and have also been know to remain dormant for over a year – the time it takes for a tenant to come to the end of their lease agreement and move on. While the proposed law requires accountability on the part of landlords, there is no corresponding requirement that a tenant report to their new landlord that they found bedbugs in the same furnishings they are about to introduce into another building. 

Shanahan points out another problem: a landlord faces an almost impossible task when treating bedbugs, because the unit has to be adequately prepared for the pest control treatment.  This is work that the tenant must perform.  But when it comes time for treating an outbreak, Shanahan finds that the tenants are never ready. “When you can’t force the tenants to do their part properly, how can a landlord ensure successful remediation?” he asks.  Shanahan finds that the LTB system moves slowly and is too tenant-friendly to be of any use in resolving the situation.

In addition, the newest pesticides don’t seem to work.  DDT was a major deterrent to bedbugs in the past, but was found too toxic for widespread use.  At that time, however, bedbug populations had been severely reduced. As a result, few manufacturers focused on an alternative to DDT in treating bedbugs.  Landlords are now faced with paying for costly treatments that may have a minimal affect on the bugs.  Leaving any adults alive to breed or eggs to hatch literally guarantees a re-infestation.

Still, Shanahan attempts to manage any potential threat of bedbugs in his properties.  “I have distributed information sheets to my tenants concerning the bedbug infestation in North America, and how to recognize and treat infestations. However, try posting all that information in the common lobbies, etc., and see how many new tenants you will obtain!”

Vincent G. Shanahan is President of Alpha Omega Property Managementin Barrie, Ontario, providing expert property management and consulting services for landlords.  Mr. Shanahan was invited to appear on the television program “Inside Toronto Real Estate”, and is an advocate for landlord rights throughout Ontario. 

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

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Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

{ 4 comments… read them below or add one }

Mike September 28, 2010 at 7:01 am

Can’t this be deducted from the damage deposit? Either way the tenants will pay, because the landlord will have to raise rents to cover this cost. One thing is certain. It wasn’t the landlord who is responsible for bringing in the bed bugs in the first place.

Ami Boaz September 28, 2010 at 7:55 am

It is so unfair to penalize the landlords. The problem originates from tenants who travel and may have brought the bed bugs back or the bugs were hidden in second-hand furniture or clothing the tenants buy and brought back to the building. We have a tenant who did not report having bed bugs for a whole year and as a result spread them to suites nearby and upstairs. Eradicating bed bugs is expensive, time consuming and ineffective. When it comes to the preparation before pest control treatments, tenants are very reluctant to do the work (even if they do, it’s not done adequately or completely). They would drag their furniture/possesions through the hallway of the building for disposal when they should bag everything securely so that bed bugs would not spread from one area to another. On top of that all they care about is the residue left after the treatment and who is responsible of the cleaning or the health issue of the treatment. They of course would not even consider paying for the treatment but threaten to take the matter to the Residential Tenancy Office. The RTO is always pro tenant and in most cases we’ve encountered, the RTO almost always favors the tenants even if they are in the wrong. The RTO said that it’s the cost of doing business. Go figure !

bob kwapis September 28, 2010 at 7:55 am

Mike
I was sure that damage deposit was illegal in Ontario. Please let me know if that is not the case and when did that change.

Colin September 29, 2010 at 2:02 pm

Damage deposits are illegal in Ontario. Heaven forbid if a tenant actually be held acountable for their actions!!

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