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Basics | Renters | Owners | Neighbours

Basics

10 Things Everyone Should Know About Real Property Law in NS

This page provides information about some of the most essential things Nova Scotians should know about real property law.

There are different kinds of property. This page is about “real property,” the legal term for land and the buildings attached to the land.

This is not a comprehensive guide; it’s just an introduction to some basics. It does not replace advice from a lawyer.

Understanding these ten points will help you avoid unnecessary legal disputes and handle situations involving property rights more confidently.

1. Property law is different on and off reserve

2. There are lots of different property rights

3. The law puts limits on property rights

4. To get title, you need a proper transfer of title (and a lawyer)

Off-reserve, each parcel of land has registered title holders who are considered the owners of that parcel. The title holders are usually in control of the land and can usually transfer, sell, or mortgage it.

To get title to a parcel of land, someone with the proper legal authority must transfer some or all of a previous title holder's rights to you. For example:

An owner might sell you their land. Contracts for land transfers must be in writing and signed by the parties. The title holder prepares a deed with the help of a lawyer, which the lawyer registers in the Land Registry System.
An owner might give you land in their will, which would be transferred to you by the personal representative of their estate. The personal representative will need to get a Grant of Probate and transfer the land to you with the assistance of a property lawyer.
If you're legally married and your spouse owns property, they might transfer title to you at separation as part of your divorce settlement. The settlement terms must be written in a signed agreement, and a lawyer must complete the transfer.
You may inherit land as an heir where the deceased owner did not leave a will. An eligible person will need to get a Grant of Administration from the Probate Court and transfer the land to you with the assistance of a property lawyer.

Almost every single land transfer in Nova Scotia now requires the involvement of a property lawyer authorized to use the Land Registry System (even “private sales”). In rare cases where a lawyer isn’t required, involving a lawyer is still a good idea because a lot can go wrong without one.

Sometimes, people mistakenly assume they can complete a real estate transaction informally without a lawyer or written agreement. In some cases, people may be misled into believing that ownership has been transferred even though it hasn’t because the proper legal steps were never taken. Misunderstandings about property ownership and title can lead to conflicts, many involving family members.

5. Squatter’s rights are hard to get

6. Not everyone with a claim against a property owner can register a lien

7. Small Claims Court can’t hear disputes about land ownership

8. If you’re paying rent, you’re probably a tenant

9. Not all occupants are tenants

10. Disputes between landlords and tenants go to Residential Tenancies

Last Reviewed: June 2024

Giving and Getting Property Rights in NS

There are different kinds of property. This page is about “real property,” the legal term for land and the buildings attached to the land.

Property rights are the legal rights that a person has over a property. There are lots of different property rights, including rights related to things like:

Possession and use of the property
Quiet enjoyment
Title and the ability to transfer ownership
Granting permissions or “licenses” to use the property
Using the property as security for a loan

A person might have some, none, or all of the various rights associated with a piece of property.

For example, tenants have the right to possess and use a property subject to the terms of their lease agreement, but they don’t have the right to sell it or use it as security for a loan.

Canadian property law depends on rights transfers. To get property rights, someone must transfer some or all of their property rights to you. There are a couple of exceptions, but they’re not common.

This page explains how some of the most common property rights are transferred in Nova Scotia. Specifically, this page has information about:

Transferring ownership of property (transferring title)
Creating a tenancy
Becoming an occupant

These things are important because they directly affect how secure your housing situation is.

This page provides general information about the law. It does not replace advice from a lawyer.

The information on this page applies off-reserve. It does not apply to reserve land.

Transferring title to property

Off-reserve, each parcel of land has registered title holders who are considered the owners of that parcel. The title holders usually control the land and can transfer, sell or mortgage it.

The most common ways that people get title to property are:

Purchasing the property from the owner(s)
Receiving the property as a gift (from a person who is still alive)
Receiving the property as a bequest from a deceased person's estate (basically a gift from someone who has died).

Buying and selling land

Land given as a gift (while the owner is still alive)

Sometimes, people decide to give land as a gift. When people want to give land as a gift, they’re often surprised that there are costs involved, and there can be tax implications as well.

Transferring land as a gift is basically the same as transferring land via sale; it’s just that the terms of the underlying agreement are different. With a gift there’s no money exchanged, so an Agreement of Purchase and Sale is not required. However, the transaction still needs to be properly documented. The gift giver must sign a deed confirming the transfer of title.

If you want to give property as a gift

If you want to give someone land as a gift, consult with a property lawyer so that they can advise you about the tax consequences and the best way to give the gift based on your circumstances.

Because the process for gifting land is basically the same as selling it, the cost of a lawyer is similar whether you’re selling your land or giving it away.

In Nova Scotia, land given as a gift is not subject to deed transfer tax. However, if the property you’re giving away is not your principal residence, capital gains tax will apply even if you give the land away for free. That’s because even if you give your land away, the Canada Revenue Agency deems the transfer a sale at fair market value.

If the person you plan to give the property to won’t be living in the property as their principal residence, there will be capital gains tax implications for them in the future if they decide to sell it.

If someone wants to give you property as a gift

Promising land as a gift is not worth much if the proper actions do not follow it up. The intention to give something as a gift is usually insufficient to protect the receiver. The gift needs to be completed by the gift giver before the receiver can take any benefit from it.

If someone says they want to give you land as a gift, say thank you, confirm that they’re serious, and politely ask them to consult with a property lawyer so they can put that in writing for you.

Don’t assume the land is yours just because they said they want to give it to you. Until you see legal documentation like a signed gift agreement, a deed, a will, or the terms of a trust, the gift is just an idea.

Land left in a Will

When someone makes a Will, they usually appoint a person to act as the personal representative of their estate. That person is called the executor. Part of their role is to deal with the estate assets according to the instructions in the Will.

When a landowner leaves someone their land in their Will, probate is required. Probate is the legal process of validating and administering the Will or appointing an administrator if there is no Will.

The personal representative of the estate will need to obtain a Grant of Probate before they can transfer title to the land. A Grant of Probate is a legal document that confirms the validity of the deceased person's Will and gives the executor the authority to manage and distribute the estate.

After the personal representative gets the Grant of Probate, there is a six-month advertising period during which the personal representative is not supposed to transfer the land (or any other estate assets).

The estate must pay some capital gains tax (even if the land was the deceased's principal residence). Capital gains accrue to the estate from death until the land is transferred to the beneficiary. The personal representative of the estate will need to use estate assets to pay any taxes owed.

Unless the Will says otherwise, the personal representative is responsible for the land until they transfer it. That means the presumption is that they are responsible for things like:

maintaining the property
paying the mortgage (if applicable)
paying property taxes
making decisions about land use (including decisions about occupancy).

The beneficiary does not always receive the land. It depends on the financial situation of the estate as a whole. For example, the beneficiary may not receive the property if:

the deceased person was insolvent,
a lender was foreclosing on the property, or
the deceased mortgaged the property on terms that the estate or the beneficiary can’t handle.

If you plan to leave someone land in your Will, consult with a wills and estates lawyer for estate planning advice.

What happens to land when there is no Will

When a landowner dies without a Willl, probate is required to administer the estate. If you die without a valid Will, someone must manage your estate. This person must apply to the Probate Court to be appointed as the administrator of the estate.

The administrator is usually a close family member or someone else with an interest in the estate. Nova Scotia law prioritizes family members, such as spouses, children, or relatives. It may not necessarily be someone you would have chosen. If there’s no one appropriate or willing to take on the role, the court may appoint a third party.

The appointed administrator will be responsible for handling the estate, including managing assets, paying debts, and distributing the remaining property.

They will be required to secure a bond as a form of insurance. In Nova Scotia, the bond is typically 1.5 times the estate's value. It ensures the administrator acts in good faith and appropriately manages the estate.

After the personal representative gets the Grant of Administration from Probate Court, there is a six-month advertising period during which the personal representative is not supposed to transfer the land (or any of the other estate assets).

The estate will have to pay some capital gains tax (even if the land was the deceased's principal residence). Capital gains accrue to the estate from the date of death until the date that the land is transferred to the beneficiary. The personal representative of the estate will need to use estate assets to pay any taxes owed.

The personal representative is responsible for the land until they transfer it. That means they are responsible for things like:

maintaining the property
paying the mortgage (if applicable)
paying property taxes
making decisions about land use (including decisions about occupancy).

Who gets the land?

When someone dies without a will, that is called dying intestate. Nova Scotia has a law called the Intestate Succession Act, which states who the beneficiaries are if a person dies without a will.

The intestate law also applies if you do not deal with all your property in your will, either intentionally or unintentionally. In this case, you are said to die partially intestate. The part of your estate not covered in your will is distributed according to the Intestate Succession Act.

Under the Intestate Succession Act the administrator of your estate distributes your property to the people considered to be your nearest relatives under the Act. The rules are not flexible. The distribution may be different from what you would want.

The basic rules are:

If you are survived by your legally married spouse and have no children, all your property goes to your spouse
If your legally married spouse survives you and you have one child, the first $50,000 goes to your spouse. The rest is equally divided between your spouse and child.
If your legally married spouse survives you and more than one child, the first $50,000 goes to your spouse. One-third of the rest would go to your spouse, and two-thirds to your children.
If you are survived by your children but no legally married spouse, your whole estate would go to your children, each getting an equal share.
If you had no legally married spouse or children, your whole estate would go to your nearest relatives by blood or adoption, by order of priority as listed in the Intestate Succession Act. Relatives by marriage are not included.

A surviving legally married spouse will always get up to $50,000 from the estate before anyone else. If your surviving legally married spouse is not a joint owner of the family home, they may choose to take the home and household contents instead of, or as part of, the $50,000.

No protection for common-law partners, stepchildren, or grandchildren

The Intestate Succession Act does not protect common-law partners, stepchildren, or grandchildren. So, it is essential to make a will if you want your common-law partner, stepchildren, or grandchildren to inherit something from your estate when you die.

Here’s why:

If you die without a will, only your surviving married spouse or registered domestic partner can inherit. Common law partners are not included as a 'spouse' under the Intestate Succession Act. Your common-law partner will not automatically inherit your property or money that is only in your name. Your common-law partner may have to go to court to make a claim on your estate, and may not be successful.
If you die without a will, only your biological and adopted children can inherit. Stepchildren are not included. They would have to go to court to make a claim on your estate, and they may not be successful.
If you die without a will, your grandchildren will only inherit from your estate if their parent (your child) died before you.

Making a Will is important

If you die without a will, there will be extra steps in the process of settling your estate, which will mean additional costs and delays. This may add to your family’s pain and distress. It will also mean that there will be less left to distribute.

Also, family members may disagree and argue about how you intended to distribute your property.

Here is more information about making a will.

Land placed in a trust

Another way that people sometimes transfer their land is by creating a trust.

A trust is a legal arrangement where the property owner (the settlor) transfers property (such as land) to a trustee, who holds and manages the property on behalf of one or more beneficiaries according to the terms set out in the trust document.

In a trust, the trustee holds the legal title to the property (so the property is in the trustee’s name), but the benefits of the property, like any income or rent, go to the beneficiary.

To transfer land by trust

You must consult a lawyer, who will advise you on the pros and cons of using a trust.

If you decide to proceed, the lawyer will create a trust agreement. This document outlines the terms of the trust, including who will manage the property (the "trustee") and who will benefit from it (the "beneficiaries").

The property owner will have to transfer the land to the Trust. The settlor officially transfers land ownership into the trust by changing the property title to reflect that the trustee now holds the land on behalf of the beneficiaries. The settlor no longer owns the land directly but has given control to the trustee.

The trustee manages the land and is responsible for managing the property according to the terms of the trust. This could involve deciding how the property is used, rented, or sold. The trustee must act in the best interests of the beneficiaries.

Transfer to beneficiaries. When the time comes, the trustee will transfer the property to the beneficiaries according to the terms of the trust. Depending on how the trust is set up, this could happen during the settlor’s lifetime or after their death.

Different types of trusts can be created for the transfer of land:

Inter Vivos Trust (Living Trust): This type of trust is created during the settlor's lifetime. The settlor transfers land to the trust while they are alive. The trustee then manages the property for the benefit of the beneficiaries. Intervivos trusts can be revocable or irrevocable, depending on whether the settlor retains control over the trust and its assets.
Testamentary Trust: This type of trust is created by a Will and only comes into effect upon the settlor's death. If the settlor’s Will specifies that certain property, such as land, is to be held in trust for beneficiaries after their death, a testamentary trust is established. This trust cannot be altered after the settlor’s death.

Trusts require careful planning

Trusts can be helpful for several reasons, such as avoiding probate, managing property for minor children, or controlling how property is passed on to beneficiaries. They're also a way to ensure the property is managed according to the settlor’s wishes.

However, they involve legal complexities, tax consequences, and ongoing responsibilities for the trustee. Careful estate planning is required. For these reasons, it is important to consult a lawyer with experience in estate planning and trusts to ensure the trust is set up correctly and serves the settlor’s goals.

Forming a residential tenancy

A residential tenancy is an agreement in which the landlord gives the tenant certain property rights in exchange for rent payments.

The rights of both sides are protected by the terms of their lease agreement and by a law called the Residential Tenancies Act.

Two ways to form a tenancy agreement

The exceptions - when a person paying rent isn’t a tenant

When there’s no written lease

If you’re not sure whether you’re in a tenancy

Becoming an occupant

Occupant is a broad term with different definitions depending on the context.

On this page, we use the word “occupant” to refer to a person who is not a tenant but who lives on residential premises owned by another person.

There are lots of different scenarios involving occupants. For example:

A homeowner who invites their new partner to live with them.
A person who parks their RV on their friend's property.
A homeowner who invites their elderly mother to move into a spare bedroom.
An adult child who moves in with their elderly parents to provide home care.

What these scenarios have in common is that the occupant has permission from the appropriate person.

How to become an occupant

Adding an occupant to your lease

Being an occupant is less secure than being an owner or tenant

More Information

Where can I get more information?

Last Reviewed: March 2025

This content was made possible by financial support from the Department of Justice Canada’s Justice Partnership and Innovation Program.

Moving in with Someone

Renters

Changes to the Residential Tenancies Act, Fall 2024 & Spring 2025

Nova Scotia has made some changes to the Residential Tenancy Act.

Some of the major changes include:

Extending the rent cap to the end of 2027
Prohibiting tenants from increasing the rent while subletting
Shortening the timeline to evict tenants for non-payment of rent
Giving landlords the option to evict after 3 late rent payments
New forms for security deposit claims

This information applies to residential tenancies, meaning it applies to people who are renting a place to live. It does not apply to commercial tenancies, meaning it doesn't apply to people who are renting a space for their business or non-profit organization.

Changes, Spring 2025

The Residential Tenancies Program has produced pdf an information sheet(91 KB) and a video about these changes.

The following changes came into effect on April 30, 2025:

Rent cap extended to the end of 2027

New timeline to evict tenants for non-payment of rent

New grounds for evicting tenants for bad behaviour, late payments

Changes impacting land lease communities

Landlord’s contact Information

Changes, Fall 2024

New security deposit forms and claims process

Subletter’s rent must be the same as the tenant’s rent

Last reviewed: April 2025

Owner-occupied Rentals

This page has legal information for landlords and tenants in owner-occupied rental units.

An owner-occupied rental is a residential tenancy where the landlord and tenant live together on the same property. That includes situations where a landlord rents out:

A spare bedroom in their home.
An in-law suite.
A loft space.
An outbuilding like a garden suite, bunky, or laneway house.

This page provides legal information only. It does not replace advice from a lawyer.

What you should know

The law is the same, the disputes are different

There are limits on the landlord’s ability to make and impose rules

Landlord’s entry and good behaviour

Landlords are bound by federal privacy law

Reasonable video surveillance is allowed

Overnight guests

Tips for tenants

Visit the property before you rent

Consider the layout of the property

Ask about the landlord’s occupation and work schedule

Ask to see a written list of the rules before you decide to sign the lease

Ask if the landlord uses video surveillance and, if so, where they use it

If you’re dating someone, don’t let them sleep over every night

Consider what you will do in a crisis

Tips for landlords

Learn the basics

Keep rules reasonable

Consider your tenant’s occupation and work schedule

Respect your tenant’s privacy

Consider what you will do in a crisis

More Information

Where can I get more information?

Last Reviewed: March 2025

This content was made possible by financial support from the Department of Justice Canada’s Justice Partnership and Innovation Program.

Rent Increases and Renovictions Information

Tenants' Rights Guide - Dalhousie Legal Aid Service

Tenants' Rights Video Series - Dalhousie Legal Aid Service

Tenant Rights Podcasts

Where to get Residential Tenancies help

Owners

Advantages of forming a Residential Tenancy

With limited options for affordable rental housing, many homeowners are helping people they care about by giving them shelter.

This page has information for property owners who are considering allowing a friend or family member to move in with them but are unsure whether to form a residential tenancy.

A residential tenancy is a rental agreement where one person (the tenant) agrees to pay money (rent) to another person (the landlord) in exchange for a place to live.

It provides legal information only and does not replace advice from a lawyer.

What you should know

When it makes sense to consider forming a residential tenancy

You can accidentally create a tenancy

Disputes are possible whether you form a tenancy or not

Forming a tenancy comes with rights and obligations (for both sides)

The difference between fixed-term and periodic leases

You don’t have to charge fair market rent

Advantages

Helps prevent disputes about ownership

There is a pre-written contract

Clearly defined roles, rules, and procedures

A specialized dispute resolution process

Free information and resources

Common questions

I don’t want to be a landlord, what other options do I have?

If we sign a lease, can’t the other person start complaining about the premises?

If we sign a lease, won’t that make it harder to get the person to leave?

More Information

Where can I get more information?

Last Reviewed: July 2025

This content was made possible by financial support from the Department of Justice Canada’s Justice Partnership and Innovation Program.

Builders' Liens

If you are a contractor or a homeowner working with a contractor, it’s important to know about builders’ liens.

This page provides general legal information about builders' liens under Nova Scotia's Builders’ Lien Act, including:

what liens are and
how to register, enforce or dispute a lien.

A lien is a type of security. Anyone who performs work on or supplies materials to someone else’s land can register a builders’ lien against that land as security for getting paid. Contractors can register liens on various construction projects, including building and renovating homes.

Once registered at the appropriate Land Registration Office, a builder’s lien affects the owner’s interest in the property and can interfere with selling or mortgaging the property.

Each province has builders’ lien legislation that gives this remedy to suppliers and contractors, and each law is slightly different. This page only discusses Nova Scotia’s law, so if you have worked on a property outside Nova Scotia, you must look at the legislation in that province, territory or other place.

This information does not replace legal advice from a lawyer. Liens are very technical and complicated. We recommend hiring a lawyer if you are considering registering a lien or if a contract or sub-contractor has registered a lien against your property.

What is a builders’ lien?

A builders’ lien is a remedy for anyone who supplies materials, provides services, or performs work that improves someone else’s land.

Builders’ liens aim to fill a gap in the common law (law from court decisions) that negatively affects contractors and suppliers on construction projects. Suppliers and contractors often work on a property and then have trouble getting paid. Suppliers and contractors have a common law claim for breach of contract against whoever they had a direct contract with. They could sue whoever agreed to pay them for their work. But, often, the property owner was not the one they had a contract with and not the one who agreed to pay them. Instead, their agreement may be with another contractor supervising their work on the project (this type of contractor is called a general contractor).

It is very common in construction projects, and particularly larger projects such as building a new home from scratch, to have what is called a ‘construction chain’ where the owner contracts with a general contractor, who in turn contracts with sub-contractors, who in turn contract with sub-sub-contractors and suppliers (see figure).

This construction chain can create a situation where a sub-contractor performs work on a project without getting paid by the general contractor. This could be for several reasons, such as the general contractor not being well organized or being bankrupt or insolvent. Whatever the reason, while the sub-contractor has a valid breach of contract claim against the general contractor because she has a direct contract with them, she does not have any common law claim against anyone else in the construction chain, such as the owner, even though her work helped improve the owner’s land. The same applies to sub-sub-contractors: they may have a direct contract with the sub-contractor but not the owner or general contractor, even though their work improved the owner’s land and helped the general contractor get the work done well and on time.

That is where liens under the Builders' Lien Act come in. A lien allows the unpaid contractor or supplier to register a lien against the owner’s property in the amount they are owed for their work and then claim the outstanding amount from the owner and anyone between them and the owner in the construction chain. The lien acts as security for payment in that, once registered against the owner’s property, it interferes with the owner’s ability to sell or mortgage the property. Property owners cannot refinance or sell their property without first removing the lien from the property by paying the contractor who registered it. Liens, therefore, provide a valuable tool for contractors and suppliers to pursue payment for work they have done on a property.

For contractors, subcontractors, suppliers and labourers

Who can file a builders’ lien?

Before you start - basic steps to bring a lien claim

Step 1 How do I register a lien?

You will need assistance from a lawyer to register a lien.

The lawyer will register the lien against the property at the appropriate Land Registry.

You must register the lien within 60 calendar days after the last day the contractor worked on or delivered materials to the property.

It is vitally important to record each day you work on a project and the nature of the work you performed that day, as you will need to know the last day you worked on a project to know when the deadline for registering your lien will expire. Court decisions have said that the last day of work does not include work performed to fix or repair work already done.

Speak to a lawyer if you think the land you improved is government-owned, as liens may not attach to some government-owned property.

If you are within the timeline for registering the lien, you must file two documents with the Land Registry:

Claim of Lien for Registration form, and
an Affidavit (sworn document) in support of the lien. You will need to get a lawyer, notary, or commissioner of oaths to take your affidavit before you can submit it.

The claim must include:

a description of the work done or the services or materials provided
amount claimed
last day work was done and/or materials supplied
a description of the property to be charged (exact address). If possible, get the property's Parcel Identification Number (“PID”) and include that in your description.

You should hire a lawyer to help you draft and file these documents and ensure you have included all the necessary information.

Once you finalize these two documents, contact the Land Registry. Ask them to register the documents against the property you have described in the documents. There is a fee for doing so. Once registered, the Land Registry will give you a copy of a confirmation page showing you have registered a lien against the property.

Land Registration Offices are listed in the government pages of the telephone book under Land Registration, or visit: novascotia.ca

Once registered, you must give notice of the lien to all people/companies named in your lien. Do this by sending each of them a copy of your Claim of Lien for Registration, Affidavit, and the Land Registry’s confirmation page showing that you have registered the lien. Give this notice as soon as possible, and keep a record for your files.

The lien takes effect from the date of registration and has priority over subsequent purchasers, mortgagors and other encumbrances of the land. However, prior encumbrances have priority over the lien, such as lenders that have advanced money under their mortgages before you registered the lien.

Regardless of who files their lien first, all lien claimants of the same class (all subcontractors working for a specific general contractor or all sub-subcontractors working for a specific sub-contractor) are treated equally and recover pro rata.

How long do I have to register a lien?

Where do I register a lien?

Step 2 How to start a lien action

Once you have registered your lien and notify the property owner, the owner may pay you the lien amount or ask their general contractor to do so. They may also want to discuss settling with you for a lesser amount. They may also tell you that they do not agree with the amount you claim and/or may argue that your work was deficient; therefore, you are not entitled to payment.

No matter how the owner responds, if you do not get paid, you must file a lien action to preserve your lien. This is called ‘perfecting’ the lien. Specifically, you must file a Statement of Claim with the Nova Scotia Supreme Court within 105 calendar days of the last day of work to perfect the lien and prevent it from expiring. There is a fee for doing so.

The 105 calendar days start from the last day of work, not from the date you register your lien. Any negotiations you are in with the owner will not stall or change this deadline in any way, so be sure to keep close track of it.

The Statement of Claim must state all the facts you will rely on to prove your claim, the causes of action against the defending parties, and the damages you claim. You should hire a lawyer to help you draft and file the Statement of Claim, as there are several rules around what you must include in these documents and what is improper to include. It may be possible to claim breach of contract or other causes of action in addition to making a lien claim, which is a complicated decision that you will likely need a lawyer to help you with.

You also must draft a Certificate of Lis Pendens document. A Certificate of Lis Pendens is a document that confirms you have started a lawsuit to perfect the lien properly. You must file the Certificate of Lis Pendens with the court at the same time as filing your Statement of Claim. The court will stamp and sign the Certificate of Lis Pendens, which you must then register with the Land Registry.

You must file several copies of the Statement of Claim- one for the court, one for you, and one for each of the other parties you claim against. The court will stamp all the copies when you file them. The court will keep one copy and give you the rest.

You must then 'personally serve' these copies on each party. You must do that within 30 days of filing.

Personal service means someone must hand the document to the person. You cannot complete personal service by mailing documents to someone or using a courier, fax, or registered mail. If the person you need to serve has a lawyer, that lawyer may accept service for their client. You should check with the lawyer to make sure they will accept service of the documents. To serve a company, you have to hand the document to the Recognized Agent for the company.

You can hire a process server if you do not want to serve the parties personally. Professional process servers, also known as bailiffs, charge a fee for this service.

Step 3 Register the lien action

I want to register a lien, but someone is telling me that I agreed I would not register one; what do I do?

What is a holdback?

The law requires owners and contractors in the construction chain to keep or ‘hold back’ 10 percent from each payment they make to contractors and sub-contractors. This percentage is known as the holdback. All the amounts held back by all of the owners and contractors in the chain form what is known as the lien fund. The lien fund is the pool of money that lien claimants can resort to if they are not paid.

The holdback must be held for 60 days after the work has been ‘substantially performed’. Work is substantially performed under the Builders' Lien Act when

(1) the work or improvement is ready for use or is being used for the purpose intended; and
(2) the work remaining under the contract can be completed at a cost of not more than two and one-half percent of the contract price.

Once these two requirements have been met, the owner/contractor must release the holdback to the contractor/supplier(s) below them in the construction chain.

If, after substantial performance, there is still some work to be done on the property to ensure that it is 100 percent completed, the owner/contractor is required to hold back 10 percent of the value of that remaining work. This “finishing holdback” must be retained until 60 days from the date of ‘total performance’ (i.e., when the project is 100 percent complete).

Subcontractors may apply for the early release of part of the holdback if they finish their work on a specific aspect of the project before the entire project is complete and they want the remaining 10 percent of their money as soon as possible. To do this, subcontractors must get the project consultant to certify that they have substantially performed the contract. If there is no consultant, then the owner and the general contractor have to jointly certify that the work has been substantially performed. 60 days after certification of substantial performance (assuming noone files a lien related to that subcontractor’s work), the owner can then reduce its project holdback by the amount of the subcontractor’s holdback and release that amount to the general contractor. The general contractor can then release that same amount to the subcontractor.

Owners must give notice that the general contractor has reached substantial performance of its contract. Specifically, owners must post a notice on the Construction Association of Nova Scotia website and at the job site in a prominent location. However, these notice requirements do not apply to property that is:

(1) owned and occupied by the owner and/or their spouse or common-law partner;
(2) for single-family residential purposes; and
(3) where the value of the work is for $75,000.00 or less.

What do holdbacks have to do with my lien claim?

Can an owner have a lien removed from their property before trial?

What happens if I miss a deadline or do not want to make a lien claim?

What is a breach of trust claim?

If you missed a deadline and you can no longer make a lien claim, you may be able to claim for a “breach of trust”. You must make a breach of trust claim in the Supreme Court of Nova Scotia regardless of whether the claim is for less than or more than $25,000, as the Small Claims Court cannot deal with breach of trust claims. You will likely need a lawyer to make a breach of trust claim.

The law says that money an owner gets to fund a construction project is held “in trust” for the contractors' benefit until the owner uses it to pay the contractors. This means that even though the money is in the owners’ hands, the law trusts that the owner will hold this money for the contractors. If the owner does not pay the contractors this money, they can be said to have broken this trust agreement, and the court may find that they have committed a “breach of trust”.

Similarly, the law says money a contractor or a subcontractor gets for other subcontractors, labourers and/or suppliers is held in trust for other subcontractors, labourers and/or suppliers even though the money is in the hands of the contractor or subcontractor. If the contractor or subcontractor uses the money for their own purposes and fails to pay the subcontractors, labourers or suppliers, the court may find that they have committed a breach of trust.

Courts have said that the trustee's duty to preserve the trust fund for the benefit of workers and suppliers is ongoing and does not end until all work has been completed and all workers and suppliers have been paid. However, the trustee only owes this obligation to people directly below them in the construction pyramid. That is, the only beneficiaries of the trust are those who have a direct contract with the contractor who owes them money. The courts have said that once a contractor has paid those directly below her in the construction pyramid, she has fulfilled her trust obligations. Bringing a breach of trust claim in the Supreme Court may be particularly important if you have missed deadlines and cannot bring a lien claim anymore or if the person who owes you money might be declaring bankruptcy.

Do I need to hire a lawyer?

For property owners

Can a person register a lien if I did not hire them?

Can a person register a lien if I dispute the debt?

How do I defend against a lien claim?

How do I have the lien removed from my property once the claim is decided or settled?

What are my holdback obligations as an owner?

As an owner, you must hold back 10 percent of what you pay to the company or person directly below you in the construction chain during construction. This amount you are holding back is called the ‘lien fund.’ As owner, you are the fund's trustee. This is the pool of money that lien claimants can resort to if they are not paid.

The holdback requirement comes directly from the Builders' Lien Act. Failure to comply with it could mean you will pay an extra 10 percent for your project. For example, if you pay your general contractor the total amount of their contract price instead of holding back 10 percent, and if the general contractor cannot pay their sub-contractors, there is a risk that those sub-contractors will seek payment from the lien fund. If you did not keep a lien fund, you are liable up to the holdback amount to pay any sub-contractors, even though you have already paid the holdback to the general contractor. Therefore,owners must holdd back the 10 percent amount to protect themselves from this risk.

The holdback must be held for 60 days after the work has been ‘substantially performed’. Work is substantially performed under the law when

(1) the work or improvement is ready for use or is being used for the purpose intended; and
(2) when the work remaining under the contract can be completed at a cost of not more than two and one-half percent of the contract price.

Once these two requirements are met, the owner/contractor must release the holdback to the contractor/supplier(s) below them in the construction chain.

If, after substantial performance, there is still some work to be done on the property to ensure that it is 100 percent completed, the owner/contractor is required to hold back 10 percent of the value of that remaining work. This “finishing holdback” must be kept until 60 days from the date of ‘total performance’ (i.e., when the project is 100 percent complete).

Subcontractors may apply for early release of part of the holdback if they finish their work on a specific aspect of the project before the entire project is complete and they want the remaining 10 percent of their money as soon as possible. To do this, subcontractors must get the project consultant to certify that they have substantially performed the contract. If there is no consultant, the owner and the general contractor must certify that the work has been substantially performed. 60 days after certification of substantial performance, the owner can reduce its project holdback by the amount of the subcontractor’s holdback and release that amount to the general contractor. The general contractor can then release that same amount to the subcontractor.

Owners must give notice that the general contractor has achieved substantial performance in its contract. Specifically, owners must post notices on the Construction Association of Nova Scotia website and at the job site in a prominent location. However, these notice requirements do not apply to property that is:

(1) owned and occupied by the owner and/or their spouse or common-law partner;
(2) for single-family residential purposes; and
(3) where the value of the work is for $75,000.00 or less.

You should get legal advice about your particular situation.

Do I need to hire a lawyer?

Last reviewed: June 2024

Acknowledgments: Thank you to Melanie Gillis at McInnes Cooper for reviewing this content.

Buying a Home

This page provides general information about buying a home in Nova Scotia. It does not replace advice from a lawyer. If you are buying a home, you should consult with a lawyer.

The information on this page applies off-reserve. It does not apply to reserve land.

Things to consider

What should I look for when buying a home?

Are there things to consider if I buy in a rural area?

Are there things to consider if I’m buying a newly built home?

Are there things I should consider if I’m buying a condominium?

Who is involved

Who is involved in buying a home?

What is the role of a lawyer?

What is the real estate agent's role?

What is the role of the financial institution lending you the mortgage?

What should I look for when choosing a lawyer, real estate agent, or financial institution?

Can I use the same real estate agent or lawyer as the seller?

Making an Offer

What costs are involved in purchasing a home?

What should I include in my offer to purchase?

What happens if the seller doesn’t accept my offer?

What if one of us does not satisfy the conditions in the purchase agreement?

What is a property disclosure statement?

Should I have a building inspector inspect the home?

What are restrictive covenants?

Closing

What happens on the closing date?

When can I move in?

Will my spouse be included in the deed to the home?

When should I insure the property and its contents?

What is title insurance?

Am I required to register my new home under the Land Registration Act?

What is a Parcel Register?

What is a location certificate?

More Information

Last Reviewed: Sept 2024

Foreclosure

Giving shelter to a family member or friend

With limited options for affordable housing, many homeowners are helping people they care about by giving them shelter in their homes. This is a heartwarming form of support. However, there are legal considerations whenever you allow someone to move in with you.

This page has information for property owners who are considering allowing a friend or family member to move in with them.

It provides general information and tips for homeowners. It is not for tenants who want to add an occupant to their lease.

If you are a tenant and you want to add a new occupant to your rental unit, please see our information about adding occupants.

This page provides legal information only. It does not replace advice from a lawyer.

What you should know

The difference between a tenant and a guest

When you are considered a landlord

When it makes sense to sign a lease

Squatter’s rights do not apply

The risk factors for elder abuse

Elder abuse is on the rise around the world, including in Nova Scotia. Elderly property owners may face more risks than other property owners. This can be because of the various factors reviewed below in this article.

For example, there is often a significant difference in age and frailty between the host and the guest moving in. Frailty can put the elderly host more at risk of intimidation, isolation and threats.

If the host and guest share common spaces, there is more opportunity for interaction and more opportunity for elder abuse to occur.

You may trust the other person, but trust can be misplaced. Most elder abuse happens within relationships where there is a reasonable expectation of trust. It’s important to honestly assess your level of vulnerability to elder abuse before you allow them to move in.

Here are some factors to consider:

Health Related Factors

Cognitive Impairment: Difficulty with memory, problem-solving, or decision-making can make older adults vulnerable.
Daily Tasks: Needing assistance with activities of daily living, such as bathing, dressing, or eating, increases vulnerability.
Poor Physical Health: Chronic illnesses or declining overall health can make individuals more susceptible.
Mental Health Issues: Depression, anxiety, or other mental health conditions can increase vulnerability.

Financial Factors:

Low Income/Financial Instability: Lack of financial resources can make individuals more vulnerable to exploitation.
High Income/High Net Worth: On the other hand, if you have a relatively high income or high net worth (for example, because you own property), you may be more likely to be targeted.
Lack of experience: If you are inexperienced in dealing with money and property, you are more vulnerable to abuse.

Personal Factors:

Living alone: If you live alone, that can increase your vulnerability to elder abuse.
History of Trauma or Abuse: Past experiences of abuse can increase vulnerability to future abuse.
Language Skills: Your level of ability to communicate, particularly in English or French, influences your vulnerability to abuse.
Dependency: Financial or emotional dependence on another person can increase the risk of abuse.

Social Factors:

Social Isolation: Lack of social connections and support can make individuals more vulnerable.
Lack of Access to Services: Limited access to healthcare, social services, or other resources can exacerbate vulnerability.

The process for removing someone from your home

Common sources of dispute

Things people sometimes get into legal arguments about

To prevent disputes with your guest, it’s important to know some of the common sources of dispute.

Common sources of dispute between homeowners and house guests include disputes about:

Status as Tenant or Guest: This dispute arises when there is doubt about whether the individual is a tenant with rights under the Residential Tenancy Act or simply a guest without such rights.
Duration of Stay: Unclear expectations about how long the guest can stay can lead to disagreements.
Damage to Property: Your guest may damage your property. They are responsible for the cost of repairs, but they may not be able to pay.
Privacy Concerns: Sharing living space without clear boundaries can lead to conflicts over privacy and personal space.
Additional Guests: Your guests may sometimes host guests of their own, which can lead to conflicts.
Ending the Stay: Removing a house guest can be emotionally challenging and legally complicated.

Some other sources of dispute are less common but still very important to be aware of. That includes disputes about:

Equity in the Property: Disputes over equity can arise when a guest has contributed to carrying costs, repairs, maintenance, or improvements. Without a formal lease or agreement, the guest may believe their contributions have earned them a share of the property's value.
Empty Promises: These disputes can arise if you give your guest the reasonable impression that they have a long-term interest in your property, such as saying you will add the guest to the title or leave the property to them in your will. Empty promises have very little legal value but can still lead to disputes as the guest may feel they have acquired legal rights based on what you told them.
Elder Abuse: Often, there is a significant difference in age between the host and the guest. If the host and guest share common spaces, there is more opportunity for interaction and more opportunity for elder abuse to occur. It’s important to honestly assess your level of vulnerability to elder abuse before you allow them to move in. Talk about it with trusted friends, family, your support team and family doctor.
Crisis Situations: While less common, crises can arise, such as mental health emergencies, medical issues leading to incapacity, criminal activities, or violent altercations. Having a plan for these rare but significant events can provide peace of mind and ensure that you are prepared to handle unexpected challenges effectively.

In the next section, you will find some tips that may help you prevent some of these disputes from arising in the first place.

Tips

Ask yourself these important questions

Here are some important questions to ask yourself before you allow someone to move in:

How well do you know the person? Familiarity can provide a sense of security and trust. If you've known the person for a long time, you’re likely more aware of their habits and character.

Why do they need a place to stay? How long will they stay? Understanding their reasons for needing a place to stay can help determine how to best support them and evaluate whether it's a temporary or long-term situation.

Is your property appropriate for hosting a guest? As you have to share space with your guest, you will want to consider the layout of your property. For example:

Where will your room be relative to the guest’s room?
How is the soundproofing? Will you be able to hear them when they’re in their room?
Will they have their own entrance?
Will you have to pass their room to access common areas like the kitchen, bathroom, living room, etc.?

Will the person be a tenant or a guest? Can you afford to host them in your home for free? If you need them to pay rent, you will form a landlord-tenant relationship. So you should educate yourself about what’s involved with being a landlord. See the Renting Guide for Tenants and Landlords from the Residential Tenancies Program and our content about the advantages of forming a residential tenancy and owner-occupied rentals.

If they are family, how are the family dynamics? Is there a history of family violence or abuse? Do other family members support the idea of the person moving in with you? Why or why not? Family dynamics can be complex. While there's often a sense of obligation, setting boundaries is important to ensure it doesn’t disrupt your household.

If you are an older person, how vulnerable are you to elder abuse? Review the list of factors provided earlier to assess the risk of elder abuse in your situation.

Will they bring trouble or drama? It’s vital to consider the guest’s past behaviour and reputation. If they’ve caused problems elsewhere, they’ll likely bring similar issues to your home.

Who might they invite over? When inviting someone into your home, it's important to consider not just the individual but also their potential visitors. For instance, if your guest has problematic friends or a volatile romantic partner known for causing issues, this could lead to stress and conflicts.

What is their occupation? How is their work schedule? What is their daily routine like? What do they use for transportation? As you will be living in close proximity and possibly sharing common spaces, try to get a sense of how often you and your guest will be in the space together.

How confident are you that they will move out when you want them to? What gives you that level of confidence? Establishing the terms and duration of their stay can prevent misunderstandings and make it easier to ask them to leave when the time comes.

How will you deal with a crisis? This could include a medical emergency, criminal activity, violent altercations, natural disasters, etc. There is more information about this below.

Go over these questions with someone you trust before you make your decision.

Consult with someone you trust before you make the decision

Have the necessary conversations before you allow anyone to move in

If you can’t host the person for free, sign a written lease

If the arrangement is supposed to be temporary, make that very clear

If you can’t communicate well enough to put your arrangement in writing, say no

Take responsibility for maintenance, repairs, and renovations

Consider what you will do in a crisis

More Information

Where can I get more information?

The housing section of our website has more information about:

You can contact us with general questions about the law in NS.

For case-specific advice consult with a lawyer in private practice.

Last Reviewed: June 2025

This content was made possible by financial support from the Department of Justice Canada’s Justice Partnership and Innovation Program.

Land Title and Land Registration

Owner-occupied Rentals

This page has legal information for landlords and tenants in owner-occupied rental units.

An owner-occupied rental is a residential tenancy where the landlord and tenant live together on the same property. That includes situations where a landlord rents out:

A spare bedroom in their home.
An in-law suite.
A loft space.
An outbuilding like a garden suite, bunky, or laneway house.

This page provides legal information only. It does not replace advice from a lawyer.

What you should know

The law is the same, the disputes are different

There are limits on the landlord’s ability to make and impose rules

Landlord’s entry and good behaviour

Landlords are bound by federal privacy law

Reasonable video surveillance is allowed

Overnight guests

Tips for tenants

Visit the property before you rent

Consider the layout of the property

Ask about the landlord’s occupation and work schedule

Ask to see a written list of the rules before you decide to sign the lease

Ask if the landlord uses video surveillance and, if so, where they use it

If you’re dating someone, don’t let them sleep over every night

Consider what you will do in a crisis

Tips for landlords

Learn the basics

Keep rules reasonable

Consider your tenant’s occupation and work schedule

Respect your tenant’s privacy

Consider what you will do in a crisis

More Information

Where can I get more information?

Last Reviewed: March 2025

This content was made possible by financial support from the Department of Justice Canada’s Justice Partnership and Innovation Program.

Preventing Disputes About Land Use & Ownership

With rising housing costs, land disputes are becoming more common and high stakes.

Unfortunately, many of these disputes involve family members. There can be complicated emotional dynamics involved.

Legal disputes about land can be expensive to resolve in court. Preventing disputes before they arise is very important.

This article provides some general suggestions that may help prevent land disputes from arising. It does not replace advice from a lawyer.

The information on this page applies off-reserve. It does not apply to reserve land.

Common sources of dispute

Things people sometimes get into legal arguments about

10 Tips

1. Consult with a lawyer about every real estate transaction

Consulting with a lawyer about every real estate transaction is not just a wise choice; it’s an essential step to protect your interests.

Real estate transactions often involve complex legal processes, and without professional guidance, you may encounter difficulties that could lead to financial or legal complications. Your lawyer is a trusted advisor, ensuring you fully understand your legal rights, responsibilities, and the implications of the agreements you enter.

A lawyer can assist with tasks such as:

Reviewing and explaining the terms of your purchase and sale agreement,
Preparing or verifying all necessary legal documents,
Ensuring the property registration is accurate.

They also handle critical aspects of the transaction, such as:

Managing funds,
Paying off outstanding debts like mortgages,
Disbursing payments to the appropriate parties, including real estate agents.

Additionally, they provide a clear and detailed accounting of the transaction proceeds so you understand where your money is allocated. Their expertise ensures the entire process is conducted smoothly, securely, and in compliance with the law.

Having a lawyer by your side simplifies the complexities of real estate transactions. It safeguards your financial and legal well-being, giving you confidence and peace of mind.

2. Migrate your property

3. Put important arrangements in writing

4. Know when to use a lease

5. Avoid rent-to-own agreements

6. Make a Will

7. Deal with estates promptly

8. Build and maintain positive relationships

9. Give yourself some privacy

10. What to do if you end up in a dispute

Last Reviewed: March 2025

This content was made possible by financial support from the Department of Justice Canada’s Justice Partnership and Innovation Program.

Property taxes

Selling Your Home

This page provides general information about selling your home in Nova Scotia. It does not replace advice from a lawyer. If you are selling real estate, you should consult with a lawyer.

The information on this page applies off-reserve. It does not apply to reserve land.

What is my first step if I plan to sell my home?

How do I find a real estate agent?

How do I list my home with a real estate agent?

Can I sell my home without a real estate agent?

Can I have the same real estate agent as the purchaser?

Do I need a lawyer if I’m selling my home?

Do I have to pay off my mortgage before I can put my house up for sale?

What happens when someone makes an offer on my house?

When I sell my home, what must I include?

What is a property disclosure statement?

Do I need to add sales tax to the selling price?

Do I register my home under the Land Registration Act before I sell?

When do I have to move out of the house?

More information

Last Reviewed: July 2024

Squatter's Rights (Adverse Possession)

Neighbours

Options to deal with a neighbour problem

Safer Communities and Neighbourhoods Act

Tips for talking with your neighbour

Do you need to talk with your neighbour about a problem that’s come up between you? Maybe you’ve meant to have that talk but aren’t sure how to bring up the issue. Or maybe you’re worried about approaching your neighbour. Learn tips to help you talk with your neighbour.

Tips

Don’t assume your neighbour knows there’s a problem

Think about your relationship with your neighbour

You don’t have to talk before taking other steps

Steps to having the conversation

Step 1. Set up a time to meet

Step 2. Prepare for the conversation

Step 3. Have the conversation with your neighbour

When meeting with your neighbour, take your notes and any supporting material you think might be helpful to show them. Take a few deep breaths as you head to the meeting.

Be friendly and introduce yourself if you haven’t already met. A little bit of humour and small talk can help break the ice. When you’re ready, be calm and respectful. Here’s a sequence you might follow.

1. Calmly explain what the problem is

“I’m not sure if you know this, but Bailey barks much of the day when you’re at work.”

2. Explain how the problem affects you

“I work from home, and it’s really hard for me to concentrate. It takes me longer to finish my work, and I’m pretty worn out by the end of the day.”

3. Stick to the facts

“Yesterday, Bailey started barking at 9:15 am after you left and didn’t stop until 10:30 am. Then he started again at 11 am and didn’t stop until noon.”

4. Share any evidence you’ve gathered

"Here's a recording I made of Bailey's constant barking. And here's a copy of the noise bylaw that applies."

5. Highlight your common interests

“Our neighbourhood is peaceful and quiet. I sense this is one of the main reasons we both enjoy living here.”

6. Suggest solutions and invite your neighbour’s input

“I’ve tried wearing earplugs, but they’re not a long-term solution. So, I looked online and found some advice about training dogs. Here’s what I found. What do you think?”

7. Discuss a timeline to check in

“Do you mind if we check in about this in two weeks?”

At the end of the conversation, consider thanking your neighbour for their time, understanding, and willingness to work together to resolve the problem.

Keep your cool

During the conversation, it’s important not to yell, blame, or threaten your neighbour. This can escalate the situation rather than resolve it. If you are too frustrated to continue the conversation, consider telling your neighbour you’d like to continue your meeting another day or switch to written communication.

Step 4. Make notes of your conversation

Step 5. Follow up in writing

More Information

Where can I get more information?

Last reviewed: March 2025

Adapted from material originally published by the People’s Law School in British Columbia.

1. Mortgage Default	Borrower defaults, no longer makes mortgage payments.
2. Demand Letter	Lender sends borrower a Demand Letter advising of the default and giving a deadline to fix it.
3. Notice of Action and Statement of Claim	If the borrower does not fix the default by the deadline, the lender starts a legal foreclosure process in the Supreme Court of Nova Scotia. The lender starts by delivering (serving) the borrower with court documents: Notice of Action and Statement of Claim. The named borrower must be served in person and becomes the defendant.
4. Defence	After being served with the Notice of Action and Statement of Claim, the borrower can file a defence or apply to the court for relief. The borrower must act within these number of business days based on where they are served: 15 days: in Nova Scotia 30 days: elsewhere in Canada 45 days: outside of Canada.
5. Motion to Court for Foreclosure Order	If the borrower: does not file a defence within the required time, the lender can apply to the court for a Foreclosure Order. files a defence, a court hearing will decide if the defence is valid. If unsuccessful, the lender can apply to the court for a Foreclosure Order.
6. Court issued Foreclosure Order	The court reviews the lender’s Foreclosure Order to confirm: the mortgage is valid the amount of debt owed is verified. If the judge is satisfied, they issue the Foreclosure Order.
7. Notice of property sale at Public Auction	Once the court issues a Foreclosure Order, the lender may schedule the property sale at public auction. Notice of public auction is: published twice in a newspaper before the auction, and sent to the borrower by regular mail at the mortgaged property (or last known address, if different) at least 15 business days before the public auction sale.
8. Sale of the property at Public Auction	The public auction happens in the property’s judicial district. The property is sold to the highest bidder. The auctioneer or sheriff prepares a deed (legal document) transferring ownership. Note: Generally, the borrower should move out on the public auction date.
9. Claim for Deficiency or Surplus after the sale	If the property sells for less than what is owed (deficiency) to the mortgage lender, they can apply for a court judgment against the borrower for the shortfall amount. The borrower gets notice of the court hearing date for the deficiency claim, providing an opportunity to participate in the hearing. If there is money left over from the sale (surplus) after payment of the mortgage debt and auction fees, the auctioneer pays the surplus into court. The court holds the surplus funds pending an application by a person claiming entitlement to the funds–the borrower or another lender.
10. Confirmatory Order	The lender applies to the court for an order confirming that the foreclosure procedure met the Foreclosure Order requirements.

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Basics

10 Things Everyone Should Know About Real Property Law in NS

1. Property law is different on and off reserve

2. There are lots of different property rights

3. The law puts limits on property rights

4. To get title, you need a proper transfer of title (and a lawyer)

5. Squatter’s rights are hard to get

6. Not everyone with a claim against a property owner can register a lien

7. Small Claims Court can’t hear disputes about land ownership

8. If you’re paying rent, you’re probably a tenant

9. Not all occupants are tenants

10. Disputes between landlords and tenants go to Residential Tenancies

Giving and Getting Property Rights in NS

Transferring title to property

Buying and selling land

Land given as a gift (while the owner is still alive)

Land left in a Will

What happens to land when there is no Will

Land placed in a trust

Forming a residential tenancy

Two ways to form a tenancy agreement

The exceptions - when a person paying rent isn’t a tenant

When there’s no written lease

If you’re not sure whether you’re in a tenancy

Becoming an occupant

How to become an occupant

Adding an occupant to your lease

Being an occupant is less secure than being an owner or tenant

More Information

Where can I get more information?

Moving in with Someone

What you should know

The difference between an occupant and a tenant

You only get tenants’ rights if you have a lease agreement

It’s possible to form a tenancy without signing a lease

If you’re only an occupant, your housing may be insecure

Squatter's rights don’t apply

Romantic partners

Agreements are always an option

Common sources of dispute

Things people sometimes get into legal arguments about

Tips

Ask for basic information before you decide to move in

Put your agreement in writing

Keep records of any payments that you make

Build and maintain positive relationships

Consider what you will do in a crisis

Know your dispute resolution options

More Information

Where can I get more information?

Renters

Changes to the Residential Tenancies Act, Fall 2024 & Spring 2025

Rent cap extended to the end of 2027

New timeline to evict tenants for non-payment of rent

New grounds for evicting tenants for bad behaviour, late payments

Changes impacting land lease communities

Landlord’s contact Information

New security deposit forms and claims process

Subletter’s rent must be the same as the tenant’s rent

Owner-occupied Rentals

What you should know

The law is the same, the disputes are different

There are limits on the landlord’s ability to make and impose rules

Landlord’s entry and good behaviour

Landlords are bound by federal privacy law

Reasonable video surveillance is allowed

Overnight guests

Tips for tenants

Visit the property before you rent

Consider the layout of the property

Ask about the landlord’s occupation and work schedule

Ask to see a written list of the rules before you decide to sign the lease

Ask if the landlord uses video surveillance and, if so, where they use it

If you’re dating someone, don’t let them sleep over every night

Consider what you will do in a crisis

Tips for landlords

Learn the basics

Keep rules reasonable

Consider your tenant’s occupation and work schedule

Remember your tenant is allowed to have a social life