Bed Bugs: Tenant’s Lack of Cooperation Justifies the Termination of his Lease

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Bed Bugs: Tenant’s Lack of Cooperation Justifies the Termination of his Lease

For several years, the bed bug problem has continued to gain momentum and inevitably found its way into rental properties, much to the owners’ dismay, who are then obliged to pay large sums for their extermination. But what if the treatments are ineffective due to tenants’ poor collaboration? In a recent Régie du Logement decision, this was enough to justify the termination of the lease.

In March 2015, a landlord noticed the presence of bedbugs in his buildings and wanted to get rid of them as soon as possible. Letters were sent to tenants advising them of an upcoming bed bug treatment in the following weeks as well as informing them of the steps to follow to prepare their dwelling. On D-Day, the exterminator found that one tenant has not taken the necessary measures which resulted in having a dozen or so bedbugs in his housing unit. Despite 5 separate notices in the following months, in addition to a court order, it was to no avail; the tenant refused to cooperate. His apartment was not suitable to receive complete and adequate treatment because it had only been partially cleared.

As explained by the Régie’s administrator, «the Court cannot possibly condone the behavior of a tenant who does not respect the other tenants’ right to peaceful enjoyment of the premises by unilaterally deciding not to cooperate with any treatment against bedbugs. Such behavior is dangerous for both the tenant and all other tenants in the building».

The judge resumes and notes that «the fact that the tenant does not collaborate with the landlord certainly puts him and all the other tenants in the building in harm’s way. The Court has no choice but to terminate the lease. »

Read the judgment (in French) 

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