Bedbugs in your dwelling: a tenant's recourses in Québec
In brief
Your landlord is bound to deliver a dwelling in a good state of habitability and to keep it that way for the entire term of the lease (arts. 1854 and 1910 C.C.Q.). A bedbug infestation falls under this duty to maintain: the first formal step is a written demand letter, with proof of receipt, requiring professional extermination within a deadline justified by the urgency.
Bedbugs are not a mere inconvenience: they spread quickly and require professional treatment. This page explains the landlord's obligations, how to document the infestation, what the demand letter must contain and the recourses available if nothing happens. It provides general legal information and does not replace advice from a lawyer or a housing committee.
The landlord's obligations
Article 1854 of the Civil Code of Québec sets out three core obligations for the landlord: to deliver the dwelling in good condition, to provide peaceful enjoyment of it, and to warrant that it can serve the use for which it was leased. These obligations are a matter of public order: no clause in the lease can set them aside.
Article 1910 provides that the landlord must deliver a dwelling in a good state of habitability and keep it in that state for the entire term of the lease. An active bedbug infestation undermines that habitability. And when the condition of the dwelling is a serious danger to the health or safety of its occupants, article 1913 provides that it is unfit for habitation.
In practice, exterminating an infestation that is not caused by your own doing falls to the landlord. It is up to them to hire a qualified exterminator and to bear the cost of the treatment.
Documenting the infestation
The burden of proof rests on the party alleging the facts. Before you even send your demand letter, build a solid file:
- Dated photos of the bedbugs, bites and traces (black spots on the mattress, shed skins, eggs)
- The dates you noticed the problem and reported it to the landlord
- Your written exchanges with the landlord (emails, texts, letters)
- Any report from an exterminator or inspector, along with invoices if you incurred costs
- A medical note if the bites affected your health
This file serves two purposes: to prove the existence and extent of the infestation, and to show that the landlord was informed and was slow to act.
The demand letter
The demand letter (mise en demeure) is the formal step that turns your ignored verbal requests into a written process. It puts the landlord on notice to fix the situation and sets a deadline to do so. It is also the document the Tribunal administratif du logement will want to see if you have to file an application.
Your letter must describe the infestation precisely (rooms affected, since when, observed effects), remind the landlord of their obligations under articles 1854 and 1910 of the Civil Code of Québec, and make a clear demand: to inspect the dwelling and carry out a professional extermination.
Unlike most demand letters, this one can allow a short deadline (a few days) because the urgency justifies it: an untreated infestation quickly spreads to adjoining rooms and dwellings. State what justifies the tight deadline. Article 1595 of the Civil Code of Québec requires a sufficient time for performance, having regard to the nature of the obligation and the circumstances; a health emergency is one of them.
Only include a demand for a rent reduction or reimbursement of costs if your situation genuinely warrants it: those are recourses the Tribunal then assesses case by case. The demand letter can announce that you will claim them, without promising the outcome.
The "mould and unfitness" template expressly covers vermin and bedbugs: it is the one that best matches your situation. You fill it in yourself, online, from the facts in your file.
If nothing happens: the TAL
If the landlord does not act within the deadline allowed, you can file an application with the Tribunal administratif du logement. Depending on the situation, the Tribunal can, among other things, order the extermination work to be carried out, grant a rent reduction proportional to the disturbance suffered or damages, and in the most serious cases consider an application to cancel the lease.
These recourses are never automatic: it is the Tribunal that weighs the evidence and decides. Your unanswered demand letter and your documented file are what give weight to your application. A housing committee (comité logement) in your area can help you prepare your file for free.
The city and salubrity
Alongside the recourse to the TAL, most Québec municipalities have a salubrity inspection service. You can report the infestation to your city: an inspector may visit the dwelling and, where warranted, require the landlord to fix the situation within a set time. Check with the relevant service in your municipality for the procedure and the by-laws that apply where you live: they vary from one city to another.
Vermin in general: cockroaches, mice
The same logic applies to other forms of vermin: cockroaches, mice, rats. The landlord's duty to maintain and to keep the dwelling habitable (arts. 1854 and 1910 C.C.Q.) covers these situations, and the "mould and unfitness" template includes them. Document, send a demand to exterminate within a justified deadline, then turn to the TAL or municipal inspection if the inaction persists.
Frequently asked questions
Who has to pay to exterminate bedbugs?
Maintaining the dwelling and keeping it habitable fall to the landlord (arts. 1854 and 1910 C.C.Q.), unless the infestation results from your own doing. So it is up to the landlord to hire a qualified exterminator and bear the cost. If you have to incur costs because they refuse to act, keep every invoice: they can be claimed before the Tribunal administratif du logement.
Can I stop paying my rent because of the bedbugs?
No. Withholding rent without the Tribunal's authorization can backfire on you. The right recourse is the demand letter, then an application to the Tribunal administratif du logement to obtain performance of the work, a rent reduction or damages. Keep paying your rent in the meantime.
How much time should I allow in the demand letter?
A short deadline is justified because an infestation spreads fast: a few days to launch a professional extermination is often reasonable. Article 1595 of the Civil Code of Québec requires a sufficient time having regard to the nature of the obligation and the circumstances, and a health emergency is a circumstance to raise. A deadline that is too short does not make the letter invalid, but allow a realistic one to organize the intervention.
How do I prove the dwelling is infested?
The burden rests on the party alleging it. Dated photos of the insects, bites and traces, an exterminator's report, a medical note and written exchanges with the landlord strengthen your file. The unanswered demand letter, for its part, proves the landlord's inaction.
Can I leave the dwelling because of the infestation?
A dwelling unfit for habitation (art. 1913 C.C.Q.) can justify significant recourses, including abandoning the dwelling under the conditions set out in the law. That is a decision with serious consequences: send a demand letter first and get advice from the Tribunal administratif du logement or a housing committee before acting.
Can I send this demand letter by email?
Yes. The Act to establish a legal framework for information technology (LCCJTI) recognizes the transmission of documents by technological means, and a certified email service produces timestamped proof of it. It is important that the recipient use email as a usual means of communication; otherwise, double up with registered mail.