A tenant is an individual who has a lease agreement with the landlord or pays rent. Tenants have specific rights and responsibilities protected by the Residential Tenancies Act (RTA). There are specific forms and procedures that apply to evicting tenants. 

In this article, we use the word guest to refer to someone who was given temporary permission to live for free in a property they do not own and is not in a conjugal relationship with the property owner. 

A guest might be a long-term occupant of the property or be there for a very short period.

The Residential Tenancies Program can deem you to be a landlord if you have a lease agreement or accept rent payments. Without a lease agreement or rent payments, the individual living in your property is considered a guest rather than a tenant.

Landlords and tenants are supposed to use a standard form of written lease called a Form P. However, you can become a landlord even if you don’t have a written lease. That’s because a tenancy can be formed by an occupant paying money to the property owner. 

If someone moves into your home and they are paying you money as part of the arrangement, the Residential Tenancies Program can deem you to be a landlord even if you don’t have a written lease. 

When that happens, they will deem you to be in a periodic, month-to-month lease with an anniversary date corresponding to when the tenant first moved in.

Here are some key points to understand

• You don’t automatically become a landlord when you let someone move in. Not all occupants are tenants. A tenant is an individual who has a lease agreement with the landlord (written or oral) and pays rent. 
• You can unintentionally form a tenancy by accepting rent payments. That means it’s possible to form a tenancy even if the people involved didn't sign a lease, didn’t intend to form a tenancy, and don’t call themselves “landlord” and “tenant”.
• If you don’t want to be a landlord, don’t take any money from your guest. If your guest regularly contributes to bills and there is an implicit or explicit agreement that they are paying for the right to live in the property, it could be considered a tenancy arrangement.
• Tenants have more legal protection than house guests. The Residential Tenancies Act (RTA) protects tenants’ rights in Nova Scotia. Dal Legal Aid’s Tenants’ Rights Guide has detailed information about tenants' rights. 

If you’re considering allowing someone to move in with you, you may be just trying to help. You may not be trying to make a profit and may not intend to be a landlord. 

However, in some cases, it’s best for everyone involved to form a residential tenancy anyway.

It makes the most sense to consider signing a tenancy agreement when:

• The person may be staying long-term (more than a couple of weeks)
• The person is staying short-term, but you want to set clear boundaries for their stay
• You cannot afford to host the person for free.

Here is more information about the advantages of forming a residential tenancy. 

Canadian law distinguishes between occupancy and ownership. When you let someone move in, they do not automatically get ownership rights. 

Also, guests cannot get squatter’s rights while living on your property with your permission. Here is more information about squatter's rights. 

Although your guest may not be able to claim squatter’s rights, there may be other legal arguments they can make if:

• The guest paid money as part of the arrangement or made contributions that increased the equity in the property
• The guest is or was in a conjugal (marriage-like) relationship with you
• The guest has a disability and is dependent on you for the necessaries of life or decision-making support
• You made promises to the guest that they could stay indefinitely, and the guest relied on those promises to their detriment (and there’s evidence to support that)
• Your title to the property is in dispute for a valid legal reason. 

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 depends on whether they are a tenant or not.

For tenants, you will have to follow the eviction process of the Residential Tenancy Program and start by serving your tenant a form called ‘Notice to Quit’. 

You can find detailed information in the guide to ending a tenancy from the Residential Tenancies Program.  

For house guests, you cannot go through the Residential Tenancy Program eviction process. However, if you want to take formal legal action to remove a guest from your home, you can follow similar steps:

1.     Ask Them to Leave: Ask the individual to leave your home. Give them a reasonable amount of notice before the move-out date.

2.     Provide Written Notice: If they refuse, give them a written notice to vacate the premises.

3.     File a Court Application: If the written notice is ignored, apply to the Nova Scotia Supreme Court for an order to remove them.

4.     Attend a Court Hearing: Present your case at the court hearing.

5.     Obtain a Court Order: If the court rules in your favour, you will receive an order for the individual to vacate the property. These orders can be enforced by Sheriff Services if necessary. 

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. 

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. 

Allowing someone to move in with you is a serious decision. Don’t make it alone. Consult with someone you trust and review the important questions listed above before deciding whether to allow someone to move in with you. 

Sometimes, people avoid having basic conversations about the arrangement, which can lead to legal disputes rooted in a lack of communication. 

This avoidance may occur due to:

• Discomfort with sensitive topics: Discussions about money and homelessness can feel awkward or embarrassing.
• Fear of conflict: Individuals might worry that bringing up these issues could lead to arguments or strained relationships.
• Assumptions and misunderstandings: People may think everyone is on the same page without explicitly discussing the terms.
• Lack of confidence or communication skills: Some individuals may lack the confidence or skills to express their needs and expectations clearly.
• Informality of the arrangement: Some of these living arrangements can start on a very informal, temporary basis. The casual nature of the arrangement might lead to the belief that detailed discussions aren’t necessary.
• Hoping issues won’t arise: People often hope that problems will simply not arise or that they will be resolved without needing to address them directly.

Try to overcome these barriers and discuss the important terms of your arrangement directly. In particular, it’s important to have conversations about the following points:

• Whether the person will be a tenant or just a guest
• The duration of the person’s stay
• Rules for the use of the property
• How you will deal with any property damage
• Who else is authorized to deal with your property on your behalf, and when that person might become involved (for example, someone with power of attorney, a trustee, or the executor of your estate) 
• Who to contact in case of an emergency. 

Regardless of what you call it, if money changes hands for occupancy, it may be considered rent under the Residential Tenancies Act. 

If you can't offer someone a place to stay for free, you should consider yourself a landlord and your guest a tenant. It is strongly recommended that you sign a written lease agreement in the standard form (Form P). Here is more information about the advantages of forming a tenancy and owner-occupied rentals.  

If you have a specific move-out date, make a fixed-term lease. A fixed-term lease legally obligates the tenant to vacate the property by the end of the agreed-upon term, helping ensure a smooth conclusion to the tenant’s stay in your home. 

If you want the situation to be temporary, make that clear from the beginning. Ensure there’s an email or a letter confirming that the arrangement is short-term. 

Don’t say anything that gives the person the reasonable impression that they have a right to stay on your property indefinitely. 

As mentioned, if you’re signing a lease with someone and the arrangement is intended to be short-term, you can sign a fixed-term lease. 

If you find it challenging to communicate the terms of your living arrangement enough to put them in writing, it may be wise to reconsider allowing the guest to stay with you until you are better prepared.

Clear communication is essential to avoid misunderstandings, build trust, and quickly resolve issues. Additionally, putting the arrangement in writing ensures mutual understanding, accountability, and clarity of responsibilities. 

As a property owner, you are responsible for your properties' maintenance, repair, and renovation.

Be careful about “sweat equity.” Sweat equity is an informal term that refers to the value individuals contribute to a property through their labour, effort, and time. Instead of investing money, they invest their physical work to improve the property. 

For example, if someone helps renovate a house by painting walls, fixing leaks, and landscaping the garden, their sweat equity is the added value their labour brings to the property. 

Allowing your guest to contribute to maintenance, repairs, or renovations without a clear agreement in place can have unintended legal consequences, such as:

• Builders' lien claims: If someone contributes labour, materials, or services to a property and is not paid for their contributions, they may have the right to file a builders' lien. 
• Unjust enrichment claims: Unjust enrichment occurs when one party benefits at the expense of another in a manner deemed unjust by the courts. If a non-owner significantly contributes to a property's upkeep, repair, or renovation without proper compensation or agreement, they may seek compensation through an unjust enrichment claim. 

Crises can arise. These can include mental health emergencies, medical issues leading to incapacity, criminal activities, violent altercations, natural disasters, etc. 

Having a plan in place for these rare but significant events can provide peace of mind and ensure that you are prepared to handle unexpected challenges effectively

Here are some things to consider:

• How close is your property to emergency services in your area?
• Is there a safe place to go nearby if your property is unsafe?
• Do you have a safe method of transportation? Does your guest?
• If you needed to stay somewhere else for a few nights, where would that be? What would you bring with you?
• Do you have a Will, a Personal Directive, and a Power of Attorney?
• Do you have an emergency contact for your guest? 

The housing section of our website has more information about:

• The advantages of forming a residential tenancy
• Owner-occupied rentals

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

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