The landlord's right to enter: statutory basis
RTA Section 29 grants landlords the right to enter a rental unit with 24-hour written notice for the purpose of making repairs or providing services. Pest treatment is a service and a repair within the meaning of this section. The notice must be in writing (text, email, or paper), specify the date and time, and state the reason ('pest control treatment for reported mouse activity'). The landlord does not need the tenant's consent to enter — only proper notice. The tenant's obligation under RTA Section 35 is to not unreasonably prevent the landlord from entering for lawful purposes.
What constitutes unreasonable refusal
Not every request to reschedule is unreasonable refusal. A tenant who says 'I need to be home for the treatment and I'm available Thursday or Friday — can we use one of those days?' is cooperating reasonably. A tenant who says 'I don't want any pest treatment at all' is unreasonably refusing. A tenant who reschedules four times without providing any available date is unreasonably blocking access. RTB arbitrators distinguish between legitimate constraints (work schedule, medical needs, pet requirements) that prompt rescheduling and bad-faith obstruction. The former is accommodation; the latter is breach.
The scenario where tenants refuse in strata buildings
In strata buildings, a unit owner or tenant who refuses to allow treatment creates a coordination problem that affects the entire building. If a building-wide treatment plan includes a specific unit and that unit's occupant refuses access, the pest professional cannot treat the migration corridor — reducing the effectiveness of the entire building treatment. In strata contexts, the strata council can pass a bylaw or resolution requiring occupant cooperation with building-wide pest treatment as a condition of occupying the building. Strata Bylaw enforcement of this obligation (through the Civil Resolution Tribunal) is available for owner refusals; RTB-based landlord enforcement is available for tenant refusals in rented units.
Landlord remedies when a tenant refuses
- Document every access attempt: keep the written notice, note the date it was delivered, record the tenant's response (or non-response).
- Send a formal compliance letter: 'You are required to permit access for pest treatment under RTA Section 35. Failure to do so within [X days] will result in an application to the RTB for an order of compliance.'
- File with RTB for an order of compliance under RTA Section 44: RTB can issue an order directing the tenant to permit access. This is typically a faster process than a full dispute hearing.
- For persistent refusal (multiple documented failures to comply): issue a 10-day notice to end tenancy for material breach under RTA Section 62(5). This is a last resort and requires a documented pattern of refusal, not a single incident.
- In strata buildings: strata council can simultaneously pursue an order through the Civil Resolution Tribunal for the owner's breach of bylaw obligation.
Tenant protections: when refusal is legitimate
Tenants have legitimate grounds to request scheduling adjustments, specific treatment methods, or preparatory time before treatment. They can request: a specific time window that works for their schedule; information about the pesticides to be used (relevant for chemical sensitivities or respiratory conditions); accommodation for pets that need to be out of the unit during treatment; and a different treatment method if there is a documented health concern with the proposed method. These are not refusals — they are reasonable requests that good landlords and pest professionals accommodate. Requests for accommodation should be in writing so they are documented as good-faith engagement rather than obstruction.
