Can My Landlord Evict Me for Bed Bugs?

There is no provision in the Residential Tenancies Act that lets a landlord end a tenancy because a unit has bed bugs. The infestation is a maintenance issue under section 20(1), which makes it the landlord's obligation to fix rather than the tenant's fault to answer for.

This matters because tenants are told otherwise all the time, sometimes by landlords who genuinely believe it. A notice that says the tenancy is ending because the unit has bed bugs is not describing a ground the Act recognises.

Eviction risk in a bed bug situation comes from conduct, not from the insects. Two sections do the work.

Section 64 covers conduct that substantially interferes with the reasonable enjoyment of the complex, or with another lawful right or interest of the landlord or another tenant. Repeatedly refusing lawful entry so a unit cannot be treated, while the infestation spreads to neighbouring units, is the shape of case that fits here.

Section 62 covers wilful or negligent conduct causing undue damage to the unit or the complex. This is a higher bar and rarely fits bed bug facts, though it can where someone repeatedly brings in furniture they know is infested.

Both are served on Form N5. Both give a termination date no earlier than the twentieth day after the notice is given.

A first N5 is voidable. Under section 64(3), the notice is void if the tenant stops the conduct or corrects the omission within seven days of receiving it. Under section 62(3), an N5 for damage is void if within seven days the tenant repairs or pays for the repair, or makes arrangements satisfactory to the landlord.

In practice that means a tenant who has been refusing access can void a first N5 by starting to cooperate inside that window. Letting the pest control company in, and doing the preparation asked for, is the correction the notice is asking for.

The seven days runs from receipt, and it is short. This is the single most important deadline for a tenant who has been served.

Section 68 changes the position if the same kind of conduct happens again more than seven days but less than six months after the first notice. The landlord can serve a second N5 with a termination date as early as the fourteenth day, and that second notice cannot be voided by fixing the behaviour.

At that point the landlord can apply to the Board on Form L2 to end the tenancy. On a first N5 the landlord has to wait out the voiding period before applying. On a second, they can apply as soon as the notice is given.

Read the notice for what it actually alleges. An N5 has to state the specific conduct and what the tenant must do to correct it. A notice that just says the unit has bed bugs is not alleging conduct.

If the allegation is refused access, fix that immediately and in writing. Confirm by email or text that you will provide access, name dates you are available, and keep the record. Doing this inside seven days voids a first notice.

If the allegation is not accurate, keep evidence that shows it. Records of the access you did provide, the preparation you did, and the times you asked the landlord to treat the unit are what a hearing turns on.

This is general information about how the Act works, not legal advice. A tenant facing eviction should speak to a licensed paralegal, a lawyer, or their local community legal clinic, and clinics do this work at no cost for people who qualify.