Cockroaches are one of the most common and persistent pests that can infest residential properties. They can pose serious health risks to tenants and landlords, as well as cause damage to the structure and furnishings of the property. We will discuss the impact of cockroach infestations on residential leases and contracts, and what rights and responsibilities both parties have in dealing with this issue.

According to the Residential Tenancies Act, landlords have a duty to provide and maintain their rental premises in a state of good repair and fit for habitation. This means that they must ensure that the property is free of pests, such as cockroaches, that can affect the health and safety of the tenants. If a landlord fails to do so, they may be liable for breaching the lease agreement and violating the implied warranty of habitability.

Tenants also have a duty to keep their rental premises in a clean and sanitary condition, and to notify the landlord of any problems or defects that require repairs. This means that they must not do anything that can attract or encourage cockroach infestations, such as leaving food or garbage out, or failing to clean up spills or crumbs. If a tenant fails to do so, they may be liable for breaching the lease agreement and causing damage to the property.

If a cockroach infestation occurs in a rental property, both the landlord and the tenant have certain rights and obligations to deal with it. The tenant should notify the landlord as soon as possible, preferably in writing, of the problem and request that they take appropriate measures to eradicate the infestation. The landlord should respond promptly and arrange for professional pest control services to inspect and treat the property. The landlord should also provide the tenant with a copy of the pest control report and any receipts or invoices for the services.

The tenant should cooperate with the landlord and the pest control service by preparing the property for treatment, such as removing or covering food items, dishes, utensils, appliances, furniture, clothing, bedding, etc. The tenant should also follow any instructions given by the pest control service regarding safety precautions, such as vacating the property during or after treatment, ventilating the property after treatment, disposing of any dead cockroaches or contaminated items, etc.

The cost of pest control services is usually borne by the landlord, unless the tenant is found to be responsible for causing or contributing to the infestation. In that case, the landlord may deduct the cost from the tenant’s security deposit or sue them for damages. However, if the landlord is found to be negligent or unresponsive in dealing with the infestation, the tenant may have several options to remedy the situation. These include:

• Applying to the Residential Tenancy Branch for an order requiring the landlord to comply with their obligations under the lease agreement and/or the Residential Tenancies Act.
• Applying to the Residential Tenancy Branch for an order reducing or abating their rent until the problem is resolved.
• Applying to the Residential Tenancy Branch for an order terminating their lease agreement and allowing them to move out without penalty.
• Withholding their rent until the problem is resolved (this option is risky and not recommended without legal advice).
• Repairing and deducting (this option is also risky and not recommended without legal advice).

Cockroach infestations can have a significant impact on residential leases and contracts. They can affect both the physical condition and the legal status of a rental property. Therefore, it is important for both landlords and tenants to be aware of their rights and responsibilities in preventing and dealing with this issue. By working together cooperatively and respectfully, they can ensure that their rental relationship remains healthy and harmonious.