Mice in Apartment: Who Is Responsible, Who Pays and What Renters in Canada Should Do

Who Pays for Mice in an Apartment in Canada?

Mice in an apartment are usually the landlord's responsibility to remove and pay for, because provincial tenancy laws generally require rental housing to be kept in good repair and fit to live in. The tenant's role is to keep the unit clean and cooperate, and the tenant pays only in specific cases.

Why the Landlord Usually Pays

The landlord usually pays because pest control is part of the duty to maintain the property. In Ontario, the Landlord and Tenant Board (LTB) states that a landlord "must also take steps to control pests such as cockroaches and mice." In British Columbia, the Residential Tenancy Act requires landlords to keep the property in a state of repair that meets health, safety and housing standards. Éducaloi, Quebec's legal information service, tells landlords plainly that "pest control is your responsibility," and Manitoba's Residential Tenancies Branch says landlords are generally responsible for getting rid of pests and making repairs that keep them out.

In practice, this means the landlord books and pays the exterminator, not you. The same logic applies to other pests: our guide on who pays for bed bug extermination covers that question for bed bugs.

When a Tenant Can Be Made to Pay

A tenant can be made to pay when the infestation or the damage comes from the tenant's own actions or neglect. BC's Residential Tenancy Act says a tenant must repair damage caused by the tenant or their guests, and Ontario's LTB says a tenant generally must repair or pay for damage that is not normal wear and tear. In Quebec, Éducaloi explains that the Tribunal administratif du logement (TAL) may hold tenants responsible for an infestation and order them to pay damages.

Refusing to cooperate can also cost you. Manitoba's Residential Tenancies Branch notes that if a tenant does not let the exterminator in and a second treatment is needed, the landlord may claim the cost of that second extermination from the tenant.

Your Duties as a Tenant

Your duties as a tenant come down to cleanliness and cooperation. Ontario's LTB says a tenant must keep the unit clean "up to the standard that most people would consider ordinary," and gives a unit "so dirty that it attracts pests" as an example of falling short. BC's law requires tenants to maintain "reasonable health, cleanliness and sanitary standards," and Alberta Health asks renters to keep their home clean so pests such as mice "don't have a place to hide and multiply," while the University of Kentucky notes that good sanitation helps reduce problems with house mice. Ordinary clutter or a few dishes in the sink usually do not make you responsible for mice coming from the walls of an older building.

Lease Clauses About Pest Control

Lease clauses about pest control cannot remove the landlord's legal duty. Ontario's LTB states that the Residential Tenancies Act, 2006 generally applies to a rental agreement, even if it is not in writing, if its terms conflict with the Act, or if the tenant agreed to rent a unit that was not in good condition. In BC, the landlord's duty generally applies whether or not the tenant knew of the problem when signing. A pest control addendum is still useful for setting out how to report pests and how units are prepared for treatment, but a clause making you pay for all mice problems does not override provincial law.

What Is the Landlord's Responsibility for Mice in an Apartment?

A landlord's responsibility for mice in an apartment usually covers getting rid of the mice and keeping them from coming back, not just setting a few traps in your kitchen.

Removing the Mice

Removing the mice is the first part of the job. Manitoba's Residential Tenancies Branch says landlords should investigate pest complaints and get rid of pests using commonly accepted methods, such as setting traps for rodents. Under Ontario's maintenance standards (O. Reg. 517/06, s. 46), a residential complex "shall be kept reasonably free of rodents, vermin and insects."

Sealing Entry Points

Sealing entry points is the part that stops mice from coming back. Ontario's maintenance standards require that openings and holes in a building with rental units "be screened or sealed to prevent the entry of rodents, vermin, insects and other pests." Manitoba gives the example of fixing holes in the foundation where mice get in. Health Canada notes that mice can squeeze through very small openings, even a worn door threshold. To see where they usually get in, read our guide to finding and sealing mouse entry points.

Treating Neighbouring Units

Treating neighbouring units is often necessary, because mice in an apartment building move through shared walls, pipes and common areas. Manitoba's guidance asks tenants to report pests early so the landlord can act "before it spreads to other units." Pest control companies that serve multi-unit buildings say that treating a single unit often fails, which is why a building-wide inspection makes sense when several tenants see mice.

Hiring a Licensed Professional

Hiring a licensed professional is usually how landlords meet their duty. Ontario's standards generally require extermination methods to follow municipal and provincial law, so the landlord should use a pest control professional who is licensed in your province. If you want to understand the visit, see what a mouse exterminator does. Small landlords can read about mouse exterminator costs or get a quote from a recommended local exterminator through Pest Agent's referral form.

Notice Before Entering Your Unit

Notice before entering your unit is required even for pest control. In Ontario, the landlord must usually give you written notice at least 24 hours before entering. In BC, the notice generally must be in writing at least 24 hours (and not more than 30 days) before entry, state the reason, and set a time between 8 a.m. and 9 p.m. unless you agree otherwise. Once proper notice is given, you have to let the landlord or the exterminator in.

How Does Landlord Responsibility for Mice Differ by Province?

Landlord responsibility for mice differs by province in wording, not in principle: in each province checked, the landlord maintains the building and controls pests, and the tenant keeps the unit clean and cooperates.

Is the Landlord Responsible for Mice in Ontario?

Yes, the landlord is responsible for mice in Ontario. The Landlord and Tenant Board says landlords must keep the property in a good state of repair and "take steps to control pests such as cockroaches and mice." Ontario Regulation 517/06 adds that a residential complex must be kept reasonably free of rodents, that extermination must follow municipal and provincial law, and that openings must be sealed against rodents. Like the rest of the Residential Tenancies Act, these duties generally apply even if your lease says otherwise.

Municipal By-laws in Ontario

Municipal by-laws in Ontario can add stricter rules. Ottawa's Rental Housing Property Management By-law (No. 2020-255) requires landlords to keep an integrated pest management plan that includes standing treatment plans for mice, to give tenants a copy of the treatment plan before treating their unit, and to re-inspect treated areas after treatment. In Toronto, the City asks tenants to submit a service request to the landlord first and to call 311 if the problem is not resolved in a timely manner.

British Columbia

British Columbia's Residential Tenancy Act (section 32) requires landlords to maintain rental property to health, safety and housing standards and keep it suitable to live in. Tenants are generally expected to keep reasonable cleanliness and sanitary standards. The Residential Tenancy Branch's policy guideline lists insect control among the landlord's general responsibilities.

Quebec

Quebec places pest control on the landlord, according to Éducaloi. Tenants must use the dwelling carefully and keep it clean, and the Tribunal administratif du logement may order a tenant to give access, prepare the unit, or pay damages if they caused the infestation.

Alberta

Alberta generally requires landlords to keep rental housing safe and in good repair, and to meet the province's Minimum Housing and Health Standards. Alberta Health asks renters to report problems right away and to let in, with proper notice, the people the landlord sends for pest control. If repairs are not done, you can contact Alberta Health Services Environmental Public Health, and inspectors generally do not tell the landlord who complained.

Manitoba

Manitoba's Residential Tenancies Branch gives one of the clearest breakdowns: the landlord investigates complaints, removes pests with accepted methods and repairs entry points, while the tenant keeps the unit reasonably clean and uncluttered, reports pests quickly, allows entry and follows the preparation instructions.

What Should You Do When You Find Mice in Your Apartment?

Mice in your apartment call for fast, documented action, because mice breed quickly and your landlord can only fix what they know about. Follow these steps.

Confirm the Signs

Confirm the signs before you report, so your message is specific. Health Canada lists droppings, urine, gnaw marks, tracks in dust and scratching or scampering sounds in the walls at night. Note where you see them: under the sink, behind the stove, along baseboards. Our guide to the signs of a mouse infestation shows what each one looks like. For everything else about these rodents, browse our mice guides.

Tell Your Landlord in Writing

Telling your landlord in writing is the most important step. Ontario's LTB says the first thing a tenant should usually do is ask the landlord, in writing, to fix the problem. An email or a text works. Say what you saw, where and since when, and ask when the unit will be inspected. If your building has a property manager or an online service request system, use it and keep a copy.

Keep Records

Keeping records protects you if the problem drags on. Write down the date of every complaint and every reply, take dated photos of droppings, damage and traps, and keep receipts for anything you had to replace. Ontario's Steps to Justice notes that you will likely need the dates of your complaints if you apply to the Landlord and Tenant Board.

Clean Droppings Safely

Cleaning droppings safely matters because deer mice and some other rodents in Canada can carry hantavirus. The Public Health Agency of Canada advises against sweeping or vacuuming droppings. Health Canada advises dampening droppings with bleach and water before wiping up: wear rubber or plastic gloves, spray the droppings with a mix of 1 part bleach to 9 parts water, let it soak for 10 minutes, then wipe it up. Our step-by-step guide on how to clean mouse droppings covers the rest.

Prepare for Treatment

Preparing for treatment helps it work the first time. Follow the landlord's or the exterminator's instructions: clear clutter from the floor, empty the cupboards that need to be reached, and keep pets and children away from any bait. Our checklist on how to prepare for a mouse exterminator walks you through it.

Mouse-Proof Your Own Space

Mouse-proofing your own space makes your unit less inviting while the landlord deals with the building. Health Canada recommends storing dry food in metal or glass containers, keeping garbage in bins with tight-fitting lids, fixing leaks and removing clutter where mice can nest. If you set traps yourself, check them daily. Avoid putting out poison baits on your own: Health Canada requires rodenticide baits to be used in tamper-proof bait stations where children and pets could reach them, and advises looking for a PCP number on the label so you know the product has been approved. Ask your landlord before using any pesticide in a rental.

What Can You Do If Your Landlord Ignores Mice in Your Apartment?

A landlord who ignores mice in your apartment can be ordered to act by your municipality or your provincial tenancy board. Here is how to escalate without putting your tenancy at risk.

Do Not Withhold Rent

Do not withhold rent, even when the landlord is slow. Ontario's LTB says plainly that a tenant should not withhold any part of the rent, even if maintenance is poor, and BC's Residential Tenancy Act requires tenants to pay rent when it is due whether or not the landlord complies with the Act. Holding back rent can give the landlord grounds to start an eviction, while the steps below can get you a rent reduction legally.

Report to Your Municipality

Reporting to your municipality is often the fastest way to get an inspection. In Ontario, the LTB notes that you can generally ask your municipality to enforce its property standards by-law, or the provincial maintenance standards where there is no by-law. In Toronto, that usually means calling 311. In Alberta, you can contact Alberta Health Services Environmental Public Health. Our article on where to report a mice infestation lists who to call.

Apply to Your Tenancy Board

Applying to your tenancy board is the formal route when the landlord still does nothing. In Ontario, you file a Tenant Application about Maintenance (Form T6) with the Landlord and Tenant Board, typically while the problem is ongoing or within a year of it stopping. In BC, disputes generally go to the Residential Tenancy Branch, and in Quebec, to the Tribunal administratif du logement. Bring your written requests, the dates and your photos.

Remedies a Board Can Order

Remedies a board can order go well beyond "get rid of the mice." In Ontario, the LTB can:

• Order the landlord to do the work by a set date
• Grant a rent abatement (a reduction of rent)
• Allow you to do the work and order the landlord to pay you back
• Order the landlord to pay your reasonable expenses
• Stop rent increases until serious maintenance problems are fixed
• End the tenancy, but usually only if you ask for it or the unit is unsafe