Do you rent? Are you a landlord? Here you will find basic information, and links to other more comprehensive resources, about the Residential Tenancies Act (‘RTA’), which is the law that sets out the rights and responsibilities of residential landlords and tenants in Nova Scotia, and provides a way to resolve disputes.
The Residential Tenancies Act does not apply to commercial leases, on-campus university or college residences, hospitals, municipal homes, prisons, some nursing homes, and hotels.
Landlords can only evict with proper notice and a good reason
All tenants get security of tenure immediately
Security of tenure means that a landlord cannot end a tenant’s lease without a good reason.
All tenants get security of tenure right away. This means:
- tenants have the right to stay until they give the landlord proper notice that they are moving out, except for a fixed-term lease, which ends on the date specified in the lease; and
- a landlord can still give a tenant notice that they must move out, but must have a valid reason for doing so.
Examples of reasons for a landlord to give notice under the Residential Tenancies Act are that the landlord claims the tenant:
- is at least 15 days behind on rent in a yearly, monthly or fixed-term lease, or 30 days behind for a land-lease community
- was disruptive to other tenants, interfering with their ability to live in their unit ("bad behaviour")
- damaged the premises
- sublet or assigned the premises without the landlord’s consent
- broke the lease terms or responsibilities under the RTA
- is a safety risk to the landlord or other tenants.
If rent money is late
Notice to quit process for unpaid rent
A landlord can give a 15 day notice to quit if the tenant is 15 days late in paying the rent. This applies to a yearly, monthly, or fixed-term tenancy.
A tenant who gets a notice to quit for unpaid rent has 15 days to:
- pay the landlord all the rent that is past due. This will cancel the notice to quit; or
- apply to the Director of Residential Tenancies (‘Residential Tenancies’) to dispute the notice to quit; or
- leave, but unpaid rent will still be owed to the landlord.
If the tenant does nothing, and is still in the property 15 days after getting the notice to quit, the landlord can apply to Residential Tenancies for an order requiring the tenant to leave (‘order for vacant possession’). If the landlord does this the law says Residential Tenancies is not required to investigate, try to mediate, or hold a hearing. Residential Tenancies can simply make the order for vacant possession and mail it to the landlord and the tenant. The tenant has 10 days from the date of the order to appeal to Small Claims Court. If the tenant does not appeal then the Sheriff can evict the tenant.
No hearing is required, so it is up to the tenant to apply for a hearing within the 15 days if they want to contest the notice and have their say.
Tenants who need to get out of their lease early
Tenants who need to get out of their lease early
To end a yearly lease a tenant must normally give 3 months' written notice before the anniversary date.
However, a tenant in a yearly lease may give the landlord just one month’s notice to quit if the tenant has:
- lost income because of deteriorating health
- cannot continue the lease or access the premises because of deteriorating health; or
- been admitted to a nursing home or other special care facility.
The tenant must provide a doctor’s certificate, or proof of acceptance into a nursing home.
These short notice rules also apply to tenants in a fixed-term lease.
The tenant must give a copy of the notice to quit to any other tenants living with them, at least 1 month before the tenancy ends. The tenancy then ends for all tenants, but the remaining tenants may negotiate a new lease with the landlord. The landlord must agree to do this, unless there is a good reason not to.
There is a further exception to the normal notice periods for ending a lease: a victim of domestic violence may end a yearly or fixed term lease by giving the landlord just 1 month’s written notice, along with a certificate from the Department of Justice, Victim Services.
A victim must first apply to Victim Services for a certificate. Victim Services may give a certificate if either:
- There is an emergency protection order (‘EPO’), and the tenant applied to Victim Services within 90 days of getting the EPO (What is an EPO? Click here);
OR - Victim Services is satisfied that:
- A domestic violence complaint has been filed with the police, naming the tenant as victim; and
- there is a current peace bond or other ‘no contact’ court order requiring the alleged abuser to stay away from the tenant; and
- an assessment gives Victim Services reason to believe the tenant is a victim of domestic violence.
Although there is no appeal if Victim Services refuses to grant a certificate, a tenant can apply again if something new happens. Victim Services is not required to hear from the alleged abuser when deciding whether to issue a certificate.
For more information about ending a lease early because of domestic violence:
- NS Department of Justice, Victim Services – 1-888-470-0773 or online at: novascotia.ca/just/victim_Services/
- NS Residential Tenancies: 1 800 670-4357 or 902-424-5200, online at: gov.ns.ca/snsmr/access/land/residential-tenancies.asp
- NS Domestic Violence Resource Centre: nsdomesticviolence.ca
- NS government news release: novascotia.ca/news/release/?id=20130911001
Some other rules
Some other rules
- landlords and tenants must use the Residential Tenancies forms, which are available online at accessns.ca/residential-tenancies/forms
- Landlords must provide tenants with a copy of the Residential Tenancies Act (at least one tenant where there are co-tenants) within 10 days of the earliest of:
-
- the tenancy start date, as given in the lease
- signing the lease
- getting keys to the residence
- the date the tenant(s) is allowed to move in.
-
- Landlords can provide a copy of the Residential Tenancies Act in one of 3 ways: paper copy, electronic copy, link to a copy on the NS legislature website (nslegislature.ca/legc/statutes/residential tenancies.pdf). Tenants who want a paper copy of the Residential Tenancies Act can get one from Residential Tenancies at 1 800-670-4357 or 902-424-5200, or using their online request form
- tenants in land-lease communities cannot have their rent increased by more than a maximum annual amount (1.1% for 2017), calculated based on regulations under the RTA. A landlord who wants to increase rent by more than the maximum amount must apply to Residential Tenancies for permission.
- Landords can only increase rent once every 12 months, on the anniversary date of the tenancy, and must give proper written notice of the increase (4 months' notice in a yearly or monthly lease; 8 weeks' notice in a weekly lease). Rent may be increased by any amount (except land-lease communities and public housing): more about rent increases
- Landlords may charge up to a $75 fee for a sublet or assignment, but only for actual costs incurred
- the Residential Tenancies application fee and Small Claims Court appeal fee can be awarded to the person who wins.
Top Tips from Nova Scotia Residential Tenancies, in several languages
For more information
For more information
For more information about these and other Residential Tenancies Act rules, or for help with a landlord/tenant issue:
- visit Residential Tenancies online at accessns.ca/residential-tenancies
- call Residential Tenancies at (902) 424-5200 or 1 800 670-4357
- visit your nearest Residential Tenancies office (go to gov.ns.ca/snsmr/offices for locations)
- read Residential Tenancies Guides: novascotia.ca/sns/access/land/residential-tenancies/guides.asp
The Residential Tenancies Act and regulations are available online: nslegislature.ca/legc/statutes/residential tenancies.pdf and gov.ns.ca/just/regulations/regs/rtgenrl.htm
For more legal information or legal advice:
- Contact a lawyer in private practice , or
- If you are a tenant who has a low income Nova Scotia Legal Aid or Dalhousie Legal Aid Service may be able to help. Contact them for details.
- Nova Scotia Legal Aid has online legal information for tenants, available at: nslegalaid.ca/legal-information/residential-tenancy/
- Dalhousie Legal Aid Service has a Tenant Rights Guide, available online at: dal.ca/faculty/law/dlas.html
- Office of the Privacy Commissioner of Canada: Privacy in the landlord-tenant relationship
- Canada Mortgage and Housing Corporation: Your Guide to Renting
Reviewed December 2016