What the BC Residential Tenancy Act says
Section 32 of the BC Residential Tenancy Act (RSBC 2002 Chapter 78) requires landlords to provide and maintain residential property in a state of repair that: (a) complies with health, safety, and housing standards required by law; and (b) matches the standard of the residential property at the time of the tenancy agreement. An ant infestation — particularly carpenter ant activity that indicates structural moisture problems — falls under clause (a) as a health and housing standards issue. RTB decisions consistently hold that infestations affecting habitability are the landlord's responsibility when they originate from structural conditions.
Landlord vs tenant responsibility: the dividing line
| Scenario | Responsibility | Legal basis |
|---|---|---|
| Carpenter ants in walls at move-in | Landlord | Pre-existing structural condition |
| Carpenter ants developing after move-in due to existing moisture deficiency | Landlord | Maintenance obligation — Section 32 |
| Pavement ants entering via unsealed foundation gap | Landlord | Structural maintenance — Section 32 |
| Pavement ants entering due to tenant's food hygiene | Tenant | Tenant's obligation to maintain cleanliness |
| Pharaoh ants in multi-unit building | Landlord/strata | Common property maintenance |
| Tenant introduces ants via infested furniture or goods | Tenant | Tenant caused the problem |
The tenant's procedural obligations
For a successful RTB dispute, tenants must follow the procedural requirements that establish the record. First: report the infestation to the landlord in writing (email or text with delivery confirmation) with a specific description of the activity, location, and date first noticed. Second: give the landlord a reasonable opportunity to respond — BC RTB decisions generally interpret 'reasonable' as 14-30 days for a non-emergency pest infestation. Third: document evidence with photographs, dated notes, and any professional inspection reports obtained.
Carpenter ants in rental units: a special case
Carpenter ant infestations in rental units are almost always landlord responsibility because carpenter ant establishment requires a structural moisture deficiency — a maintenance failure. A landlord cannot reasonably argue that a carpenter ant colony established because the tenant failed to maintain the property; the colony requires specific conditions (moist wood at 16%+ moisture content, entry gaps in the building envelope) that are structural in nature. If a home inspector or pest professional confirms a carpenter ant colony with associated frass and moisture reading, this documentation is strong evidence for an RTB application.
The RTB dispute process for ant infestations
- Document the infestation: photographs, dates, pest species if identifiable.
- Send written notice to landlord requesting treatment within 14-30 days.
- If landlord does not respond, send a second notice stating you will apply for dispute resolution if not addressed within 7 days.
- If still unresolved, file an RTB Application for Dispute Resolution at the BC RTB website. The application fee is $100.
- At the hearing, present your written notice history, photographic evidence, and any professional pest report.
- Typical remedies: order requiring landlord to complete pest treatment within a specific time, or rent reduction for the period of uninhabitable conditions.
Strata rentals: the three-party question
If you are a tenant in a strata building rented from a strata lot owner, the ant problem may be in common property (shared walls, crawlspace) that neither your landlord nor you can access to treat. The landlord's obligation under the RTA does not disappear because the cause is in common property — the landlord is still responsible to you for habitability. They in turn must escalate to the strata corporation under the BC Strata Property Act. Document your written notice to the landlord; the landlord should then send equivalent written notice to the strata.