Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
Under section 20(1) of the Residential Tenancies Act, a landlord is required to “maintain the rental unit and residential complex in a good state of repair and fit for habitation” and ensure it complies with all health, safety and housing maintenance standards. This obligation includes keeping the unit free from pests, such as cockroaches. Once the issue is reported, the landlord must take prompt and reasonable steps to investigate and arrange extermination. If the landlord delays or fails to act, the Landlord and Tenant Board may find that the landlord had breached their maintenance obligations and order compensation, even if the tenant’s behaviour contributed to the problem.
Yes, you may enter the rental unit once proper notice of entry has been given. Under the Residential Tenancies Act, a Notice of Entry is exactly that – a notice, not a request. Once you have provided at least 24 hours’ written notice, the tenant does not have the legal right to refuse entry, even if they disagree or are not home. For the notice to be proper, it must clearly state a reason for entry, who will be entering the unit, the date and the time of entry (between 8 AM and 8 PM). If those requirements are met, you may lawfully enter the unit with the exterminator, and the tenant’s continued refusal may amount to interference with your legal rights as a landlord. For more information, please review our RTA Factsheet, found here: https://landlordselfhelp.com/media/2024-Entering-the-Unit.pdf.
The only recourse the landlord has in this case is to give each tenant a notice to comply with the exterminator’s instructions by serving the Form N5, Reason 1, in which case the tenants will have 7 days to comply, otherwise the landlord can file an L2 application at the Landlord and Tenant Board.
Generally landlords are responsible to take care of any pest problem in a rental unit and it seems that you have done so in this case. However, the law does not state specifically whether you are responsible for anything else. It would be up to the Board to decide if the tenant is entitled to any further compensation. If the tenant has deducted amounts from the rent you can serve them with a notice of non-payment of rent for the amounts that you stated, in this case you will have to use the Form N4.

