The full text of Section 32
Section 32 of the BC Residential Tenancy Act, SBC 2002, c. 78, provides: (1) A landlord must provide and maintain a residential property in a state of decoration and repair that (a) complies with the health, safety and housing standards required by law, and (b) having regard to the age, character and location of the residential property, makes it suitable for occupation by a tenant. (2) A tenant must maintain reasonable health, cleanliness and sanitary standards throughout the rental unit and the other areas of the residential property to which the tenant has access.
How RTB arbitrators apply Section 32 to pest disputes
When a pest dispute reaches RTB, the arbitrator applies a two-step analysis. First: is there a pest infestation that fails the health and safety standard? This is typically established by tenant testimony and documentary evidence (photos, pest professional reports). Second: is the cause landlord-scope (structural, building-wide, historical) or tenant-scope (tenant's actions or negligence caused or materially contributed to the infestation)? The default answer to step two is 'landlord-scope' — the tenant's innocence is presumed. To succeed in a tenant-fault argument, the landlord must produce specific documentary evidence. RTB decisions consistently reflect this presumption in favor of the tenant.
What counts as a Section 32 violation
| Situation | Section 32 violation? | Landlord obligation |
|---|---|---|
| Active mouse infestation in unit | Yes | Arrange professional treatment and exclusion within 21 days |
| Cockroach infestation in unit (multi-unit building) | Yes | Building-wide treatment coordination |
| Bed bug infestation in unit (any cause) | Yes, unless specific tenant fault proven | Professional treatment; building-wide if migration risk |
| Wasp nest on building exterior | Yes | Remove wasp nest within reasonable timeframe |
| Single ant sighting in kitchen | No (not an infestation) | No immediate obligation; monitor |
| Persistent ant trail from exterior | Yes | Treat exterior ant colony and seal entry points |
| Drain flies from slow drain | Depends — if landlord-maintained drain, yes | Drain cleaning and treatment |
| Flea infestation from undisclosed pet | Tenant fault — not Section 32 violation | Landlord may seek damages from tenant |
Section 32(2): tenant obligations
Section 32(2) — the tenant's maintenance obligation — is narrower than it sounds. It requires 'reasonable health, cleanliness and sanitary standards.' RTB arbitrators set this bar at what a reasonable person would maintain in ordinary domestic life: regular cleaning, food not left out to spoil openly, waste removed promptly. It does not require clinical standards or impose pest-control obligations on the tenant for situations caused by building conditions. The key question at RTB is always whether the tenant's conduct was the proximate cause of the pest situation — not whether the tenant could have kept the unit cleaner.
Section 33: emergency repair mechanism
Section 33 of the RTA provides that when an emergency repair is needed and the landlord cannot be reached, the tenant may carry out the repair and seek reimbursement of the reasonable cost. 'Emergency repair' includes repairs needed to maintain health or safety. For pest situations, this mechanism is available when: (1) there is a genuine health or safety emergency — not just an inconvenient infestation; (2) the landlord is genuinely unreachable after documented attempts; and (3) the repair is necessary immediately. In practice, most pest situations are better handled through the 7-day escalation path; Section 33 is for true emergencies.
Documentary evidence: what RTB needs
- Dated photos of pest evidence (live pests, droppings, damage) with EXIF timestamps intact.
- Written log of pest observations: date, location, type of evidence, severity.
- Complete communications log: all texts, emails, written notices between tenant and landlord.
- Written pest professional inspection report naming the pest, the scope, and the probable source (structural vs tenant-introduced).
- Timeline of the dispute: date of first report, date of landlord response (or non-response), date of treatment (if any), ongoing observations.
- Evidence of damages: photos of damaged property, receipts for replaced food or items, records of medical visits if applicable.
What RTB can order in pest disputes
- Order to carry out repairs: landlord must arrange professional pest treatment within a defined timeframe.
- Rent reduction: a proportional reduction for the period during which the tenant had diminished use of the unit. Typically calculated as the percentage of the unit that was unusable (e.g., bedroom unusable due to bed bugs).
- Compensation for damaged property: reimbursement of the documented cost of tenant property damaged by the pest infestation.
- Return of filing fee: the $200 RTB filing fee is refunded to the winning party.
- In cases of landlord bad faith: RTB can award up to $5,000 in punitive damages for landlords who willfully refuse to address a pest situation.