What Section 32 actually says
BC RTA Section 32(1) requires landlords to provide and maintain residential property in a state of decoration and repair that complies with the health, safety, and housing standards required by law, and that, having regard to the age, character, and locality of the residential property, makes it suitable for occupation by a tenant. Pest infestations driven by structural conditions, building age, or migration from neighbouring units fall under this requirement. The landlord must address them at their cost. Section 32(2) mirrors this from the tenant side, requiring tenants to maintain the property in a reasonably clean condition — but this does not make tenants responsible for pest control unless their conduct directly caused the infestation.
The statutory landscape: which law governs
In BC, four pieces of legislation can touch a rental pest dispute. The Residential Tenancy Act (RTA), SBC 2002, governs standard rental properties: apartments, basement suites, houses, duplexes. The Manufactured Home Park Tenancy Act governs mobile home parks separately. The Strata Property Act governs pest obligations in strata buildings, where the division between common property (strata corporation responsibility) and strata lot (owner/tenant responsibility) adds complexity. Finally, municipal bylaws — Vancouver, Burnaby, Surrey, Richmond each have health and property maintenance bylaws — can impose obligations on both landlord and tenant that parallel or exceed RTA requirements. For most Metro Vancouver renters, the RTA is the operative framework.
Which pests are almost always landlord scope
| Pest | Default responsibility | Reason | Tenant-fault scenario (rare) |
|---|---|---|---|
| Mice / Norway rats | Landlord | Structural entry points; building condition | Tenant stores bulk grain openly, fails to report for months |
| Roof rats | Landlord | Roof-line and soffit gaps; tree-canopy access from property | Exceptionally rare — structural issue nearly always present |
| German cockroaches (multi-unit) | Landlord / strata | Migrate via shared walls, plumbing stacks | Tenant imports severely infested furniture |
| Bed bugs | Landlord | Migration from adjacent units; introduction via building common areas | Tenant brings in confirmed-infested curbside couch with evidence |
| Ants (carpenter) | Landlord | Moisture + structural damage; colony originates in building envelope | N/A — structural cause always present |
| Wasps (exterior nest on building) | Landlord | Common property / building envelope | N/A |
| Fleas (building-wide) | Landlord | Migration through carpeting, shared areas | Tenant has undisclosed pet in no-pet unit |
The 'tenant fault' bar — why it's high
Tenants are responsible only for infestations they directly caused. Examples that meet the bar: bringing in a confirmed bed-bug-infested couch from buy-and-sell with photographic evidence of the couch's infested state prior to move-in; storing large quantities of grain or food improperly over months in a way that materially exceeds reasonable domestic use; or deliberately importing pests. The bar is high because most pest situations have multiple contributing factors and landlord-side responsibility is the default presumption. RTB arbitrators understand that ordinary domestic life does not cause pest infestations — poor building condition does. Verbal accusations from a landlord don't meet the standard. They must produce documentary evidence of tenant-specific fault.
RTA Section 33: emergency repairs and urgent pest situations
Section 33 of the RTA establishes that certain urgent repairs — those needed to preserve or repair vital services, prevent undue damage to the property, or maintain health and safety — are 'emergency repairs.' A severe rat infestation in a kitchen that creates a health risk arguably qualifies. When a landlord cannot be reached and an emergency repair is needed, the tenant may carry out the repair themselves under Section 33(3) and seek reimbursement. In practice, RTB recommends using this mechanism only after good-faith attempts to reach the landlord, and with all receipts preserved for the reimbursement claim. For most pest situations, the 7-day escalation path (request → follow-up → RTB) is more reliable.
What to do step by step
BC tenant pest dispute protocol
From first sighting to RTB filing — the steps that give tenants the strongest possible claim and the documentation RTB needs.
- 1Document with photos and a written logTake photos with your phone — EXIF timestamps are built in. Note date, location, and what you observed in a running written log (a simple text or email thread you start to yourself works well). Photograph live pests, droppings, damage to food or belongings, and any structural gaps you can observe.
- 2Send written request to landlordEmail or text (both qualify as written under RTA). Be specific: 'Mouse droppings observed in kitchen baseboard on [date], requesting professional pest control inspection and treatment per RTA Section 32.' Attach the key photo. Vague requests like 'there's a pest problem' are weaker — name the pest, give a location, cite the section.
- 3Save all communicationsRTB arbitrations are decided on documentation. Screenshot all texts. Forward all emails to a personal account. Create a folder. If the landlord only communicates by phone, follow up every call with an email summary: 'Per our call today, I informed you of mouse activity and you stated you would arrange treatment by [date].' This creates a written record.
- 4Follow up at day 7 if no actionIf no response or action within 7 days, send a follow-up citing Section 32 and indicating you will file a dispute with the RTB if action is not taken within 7 more days. This reasonable notice gives landlord a fair opportunity and establishes the timeline.
- 5File with RTB if still no actionFile a Notice of Dispute (web form, 200 CAD fee, refundable if you win). Request an order requiring the landlord to carry out repairs, and consider requesting monetary compensation if the infestation damaged your property. Attach your documentation package. RTB online dispute resolution (teleconference) typically scheduled within 2-4 weeks.
Rent reduction and compensation: what RTB can order
In addition to ordering treatment, RTB arbitrators can order rent reduction for the period during which the tenant had diminished use of the rental unit — for instance, if a bedroom was unusable due to bed bugs for six weeks, a proportional rent reduction for that period is available. Compensation for damaged tenant property (clothes, furniture damaged by rodents or pests) is also available where the tenant documents the damage and can connect it to the infestation that the landlord failed to address. The strongest compensation cases involve a documented prior report the landlord received and ignored for weeks or months.
What you cannot do
- Withhold rent — this puts you in breach of tenancy and undermines your RTB claim.
- Move out without RTB authorization — this constitutes abandonment under the RTA and removes your protections.
- Dispose of infested items before the landlord or their contractor can inspect — this destroys evidence.
- Use pesticides purchased online that contain banned active ingredients (BC SGAR ban) — exposes you to legal liability and can contaminate the unit.
- Make major alterations to the property (sealing exterior structural gaps) without landlord consent — do interior seal-ups only.