Both tenant and occupant are individuals who live in or use a property, but there are key differences.

A tenant is an individual who has a lease agreement with the landlord (written or oral) and pays rent. Tenants have specific rights and responsibilities protected by the Residential Tenancies Act (RTA).

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

On this page, “occupant” refers to a person who is not a tenant but who lives on residential premises owned by another person. An occupant resides on the property but doesn’t pay rent. Occupants might live in the property long-term (for example, family members or friends) or stay temporarily (for example, a visiting guest). 

If the property is a rental, the landlord must consent to the occupancy. The occupant should be listed in the lease agreement unless it is a short-term arrangement (for example, a family member or friend visiting you briefly). 

Although occupants are not tenants, when an occupant moves in with the landlord’s consent, they get some protection from the Residential Tenancies Act. 

The Residential Tenancies Act does not apply to occupants when they move in without the landlord’s consent. 

Here is more information about occupants.

Moving in with someone doesn’t automatically make you a tenant. To become a tenant, you must have a written or verbal lease agreement. 

This is important because:

1) You don’t automatically get security of tenure just because you have moved in with someone. 

Security of tenure refers to the right of a tenant to stay in the property they are renting. 

A landlord can only evict tenants with security of tenure for a valid legal reason. In Nova Scotia, only tenants with periodic leases (month-to-month, year-to-year) have full security of tenure. 

2) You can form a tenancy without signing a written lease. 

For more information about forming a tenancy, see:

• Forming a Residential Tenancy
• Advantages of a Residential Tenancy
• Dalhousie Legal Aid’s Tenants’ Rights Guide
• Residential Tenancies Program Renting Guide

The Residential Tenancies Program can deem you to be a tenant if you pay rent as part of your living arrangement. 

Landlords and tenants are supposed to use a standard form of written lease called a Form P. However, you can become a tenant 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. 

Here are some key points to understand

• You don’t automatically become a tenant when you move in with someone. 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 making 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”.
• Tenants have more legal protection than occupants. The Residential Tenancies Act (RTA) protects tenants’ rights in Nova Scotia. Dal Legal Aid’s Tenants’ Rights Guide has detailed information about tenants' rights. 

Often, occupants don’t realize that their housing situation is insecure compared to tenants or property owners. 

Becoming an occupant of a property does not automatically give you all of the property rights associated with that property. Occupants have far fewer rights than owners or tenants. 

In rental properties: Permission from the landlord is key. The landlord must approve the occupancy. If you move into a rental property without permission from the landlord, you can be removed from the property on short notice, and there can also be serious consequences for the tenant(s). 

If the property is not a rental: Usually, the person who permitted the occupant to move in can revoke their permission at any time. As an occupant, you usually only have the rights the owner chooses to give to you. 

Since occupants don’t have tenants’ rights, they don’t have the same protection from eviction as tenants. The Residential Tenancies Act does not have specific rules or procedures about evicting occupants. Sometimes, it’s far easier for owners or landlords to remove occupants than tenants.

People often use the term “squatter's rights” when it doesn’t apply. Squatter's rights do not apply when you move in with someone. 

When you move in with a person, you do so with that person’s consent. You cannot get squatter's rights on a property when you are living in it with the owner's consent. 

Furthermore, squatter's rights claims require the claimant to show occupation of the property for 20 years; a few weeks, months, or even years is not enough to establish adverse possession. 

Also, if the person you are moving in with is a tenant, you can never establish squatter's rights against a tenant. 

Here is detailed information about squatter’s rights.

If you are moving in with a romantic partner, there are a few things you need to understand about the law.

The Residential Tenancies Program is less likely to deem you a tenant. Even if you regularly contribute to the carrying costs of your partner’s property, the Residential Tenancies Program is less likely to deem you a tenant when you’re in a romantic relationship with the property owner. That means you probably won’t have the option of using the Residential Tenancies Program dispute resolution process. Any dispute between you and your partner would go to civil court. 

You don’t automatically share each other’s property and debts. Sharing a living space doesn’t mean that you share everything. You do not become liable for your partner’s debts when you move in with them. You also don’t get a share in their property or other assets. It’s up to the two of you to decide how integrated your finances will become.

You don’t automatically become a common-law couple when you move in together. The definition of common-law spouses is context-dependent. To become common-law spouses for the purposes of NS family law, you either need to:

• Live together for 2 years
• Have a child together
• Register as a domestic partnership with Vital Statistics (consult a lawyer first)

Here is detailed information about common-law relationships. 

If you’re not common-law, any legal dispute about your break up would be limited in size. Each case is unique, but in the context of a short-term cohabitation with no kids, the legal disputes are usually about:

• Your contributions to the carrying costs of the property (mortgage, property taxes, utilities).
• Your contributions to purchases made during the relationship, especially costly items like cars, appliances or big pieces of furniture. 
• Pets acquired during the relationship. 

The claims would be limited by the duration of the relationship and the size of your contributions. 

Intimate partner violence. Violence can happen at any stage in any relationship. There are lots of factors that determine how vulnerable you are. Generally, the risk of intimate partner violence goes up when you move in with your partner (and officially move out of wherever you were living previously). Intimate partner violence can take different forms in the early stages of a relationship, as your partner may threaten to remove you from their home on short notice. The best way to protect yourself from threats like that is:

• Sign a cohabitation agreement with terms about notice to quit and compensation instead of notice. 
• If your partner is a tenant, ensure the landlord approves of you moving in and that you are added to the lease as a tenant or occupant. 

You can sign a cohabitation agreement at any time. People sometimes mistakenly assume that only common-law spouses can sign cohabitation agreements. You can sign a cohabitation agreement at any point before or during your period of cohabitation. 

When planning to move in with someone, it's always possible to use a written agreement to record the terms of your arrangement. 

What type of agreement you should have depends on the circumstances. 

If you will be a tenant, you will sign a lease agreement in the standard form (Form P). Form P is a pre-written contract that complies with Nova Scotia's Residential Tenancies Act and covers all the essential parts of a tenancy.  

Check out Dal Legal Aid’s Tenants’ Rights Guide or the Residential Tenancies Program’s Renting Guide for more general information about leases and residential tenancies.  

So, a lease is essential if you’re in a landlord-tenant relationship. Depending on the circumstances, other agreements may be appropriate, such as:

Agreement Options for Tenants

Sublet agreements: A sublet is when a tenant rents out their space to another person with permission from the landlord. It is also known as a sub-tenancy. A sublet agreement applies between the tenant and their subletter. It’s a tenancy within a tenancy. It can have similar terms as a standard form of lease. Dal Legal Aid’s Tenants’ Rights Guide has more information about subletting. 

Lease assignments: A lease assignment occurs when a tenant, with permission from the landlord, signs over their rights and responsibilities under a lease to a new person. The lease continues with the new person as the tenant. A lease assignment applies between the tenant, the assignee, and the landlord. Dal Legal Aid’s Tenants’ Rights Guide has more information about lease assignments.  

Roommate agreements: Disagreements between roommates do not get heard at Residential Tenantices. A roommate agreement is a side agreement made by co-tenants in a residential tenancy. They can be used to formally record cost-sharing arrangements, such as sharing payments for rent or utilities in a particular way. Roommate agreements apply between the tenants; they do not apply to the landlord. They are enforced in Small Claims Court, not through the Residential Tenancies Program. 

Agreement Options for Homeowners

Guest agreements: A guest agreement is an option if a homeowner allows someone to move in with them for free as a house guest. However, a guest agreement is inappropriate if the person is not staying for free; you should sign a lease instead. See giving shelter to a family member or friend for more information. 

Cohabitation agreements: A cohabitation agreement is for people in a romantic relationship who decide to start living together. They are most commonly used when one or more of the partners owns property. They usually specify how carrying costs will be dealt with during the period of cohabitation and what rights each partner will or won’t have to the property if they separate. 

Purchase and sale agreements: A written and signed agreement of purchase and sale is required to transfer property in Nova Scotia. If people are moving in together and the plan is for one of them to buy a share of the other’s property, a written and signed purchase and sale agreement is required. Consult a property lawyer before signing the agreement. Buying property is a big decision, so you should inform yourself about the process. Here is more information about buying property in Nova Scotia.

Having a written agreement can help avoid future conflicts by clearly outlining the details of the arrangement, as well as the rights and duties of all parties involved. 

When you move in with someone, disputes are possible. Knowing common sources of dispute is an important part of preventing disputes from arising. 

Some of the most common sources of dispute when people start living together include disputes about:

Permission to move in: Disputes over permission to move in may arise when the person moving in does not have authorization from the appropriate person. Depending on the situation that could be the landlord, homeowner, or a person authorized to make decisions about occupancy on behalf of the landlord or homeowner. 

Tenant or Occupant Status: This dispute arises when there's confusion about whether the individual moving in is considered a tenant (with rights and protections under the Residential Tenancy Act) or simply an occupant (without such rights). This is especially common when no formal lease agreement is signed. The distinction can affect eviction processes, responsibilities for repairs, and more.

Privacy Concerns: Disputes related to privacy may arise if either person feels the other has violated their privacy. This can include issues such as unauthorized entry into their personal space, sharing personal information without consent, general invasions of personal space, video surveillance, or other actions that make the individual feel their privacy is compromised.

House Rules: Conflicts can arise when the individual disagrees with or fails to follow established house rules. These rules can cover many issues, from quiet hours and cleanliness standards to using shared spaces. 

Guests: Disputes regarding guests can occur if there are disagreements about how many guests are allowed, how long they can stay, or their behaviour. The presence and actions of guests can sometimes lead to tension between the individual and the landlord or other occupants.

Property Damage: Disputes may arise regarding who is responsible for maintaining and repairing the property. 

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

Crises: While less common, crisis situations can occur. These can include personal crises such as mental health crises, criminal activities, and abuse or threats of violence from a person sharing the property. It can also include natural disasters (such as fires, floods, or hurricanes) that make the property uninhabitable. 

Equity in the Property: Disputes concerning equity in the property can emerge when an individual has lived in the space for an extended period without a formal lease or agreement and has contributed to carrying costs, repairs, maintenance, or improvements to the property. The person may believe their financial or labour contributions have granted them a share of the property’s value. They may claim that they have developed equity in the property. In some cases, they may assert an unjust enrichment claim, arguing that the landlord or property owner has benefited unfairly from their contributions.

In the next section, there are some tips that may help prevent some of these disputes. 

Here are some basic questions that you should have answers to before you decide to move in with someone. 

If you are moving into a rental property:

1. Who is the landlord?

2. Are you dealing with the landlord directly?

3. If not, what is the relationship between the person you're dealing with and the landlord?

4. Does the landlord know that you might be moving in?

5. Will you sign a lease, lease assignment, or sublet agreement? If not, why not?

6. What are the terms of your lease? Is the lease periodic or fixed-term?

If you are moving in with a property owner:

1. Who owns the property? 

2. If the property is co-owned, do all the owners know you will be moving in?

3. Will you be paying any money during your stay? (If so, you should be signing a lease or, if you are romantic partners, a cohabitation agreement.)

4.  If you're not signing a lease:

• Why are you not signing a lease?
• Is the other person willing to document the terms of your occupancy in writing some other way? (For example, by signing a guest agreement.) 

It is usually best to record the terms of your arrangement in writing. A well-written agreement can help avoid disputes. It also makes it easier for third parties to understand your situation.  

What type of agreement you should have depends on the circumstances. 

If you will be a tenant, you will sign a lease agreement in the standard form (Form P). That is a pre-written contract that complies with Nova Scotia's Residential Tenancies Act and covers all the essential parts of a tenancy. For more information, check out Dal Legal Aid’s Tenants’ Rights Guide or the Residential Tenancies Program’s Renting Guide. 

Depending on the circumstances, other agreements may be appropriate, such as:

Agreement Options for Tenants

Sublet agreements: A sublet is when a tenant rents out their space to another person with permission from the landlord. It is also known as a sub-tenancy. A sublet agreement applies between the tenant and their subletter. It’s a tenancy within a tenancy. It can have similar terms as a standard form of lease. Dal Legal Aid’s Tenants’ Rights Guide has more information about subletting. 

Lease assignments: A lease assignment occurs when a tenant, with permission from the landlord, signs over their rights and responsibilities under a lease to a new person. The lease continues with the new person as the tenant. A lease assignment applies between the tenant, the assignee, and the landlord. Dal Legal Aid’s Tenants’ Rights Guide has more information about lease assignments.  

Roommate agreements: A roommate agreement is a side agreement made by co-tenants in a residential tenancy. They can be used to formally record cost-sharing arrangements, such as sharing payments for rent or utilities in a particular way. Roommate agreements apply between the tenants; they do not apply to the landlord. They are enforced in Small Claims Court, not through the Residential Tenancies Program. 

Agreement Options for Homeowners

Guest agreements: A guest agreement is an option if a homeowner allows someone to move in with them for free as a house guest. However, a guest agreement is inappropriate if the person is not staying for free; you should sign a lease instead. See giving shelter to a family member or friend for more information. 

Cohabitation agreements: A cohabitation agreement is for people in a romantic relationship who decide to start living together. They are most commonly used when one of the partners owns property. They usually specify how carrying costs will be dealt with during the period of cohabitation and what rights each partner will or won’t have to the property if they separate. 

Purchase and sale agreements: A written and signed agreement of purchase and sale is required to transfer property in Nova Scotia. If people are moving in together and the plan is for one of them to buy a share of the other’s property, a written and signed purchase and sale agreement is required. Consult a property lawyer before signing the agreement. Buying property is a big decision, so you should inform yourself about the process. Here is more information about buying property in Nova Scotia.

Whatever the terms of your arrangement, you should have written records of any payments you make related to your occupancy. 

That’s especially true if you make regular payments for carrying costs like rent, mortgage, utilities, or property taxes. 

If you pay for something in a way that doesn’t generate a written record, you should make one of your own. For example, if you give the other person cash to make a rent payment, you can confirm that with a short email message. 

Building and maintaining a positive relationship with the person you are moving in with is essential. Building and maintaining such relationships can make living together a pleasant experience for everyone involved. 

Here are some tips to help with that:

Be clear and open with communication: Talk about your expectations, schedules, and any issues that arise early on. This helps to avoid misunderstandings and keeps everyone on the same page.

Respect people’s space and schedule: Give your roommate personal space and privacy when needed. Being mindful of their schedule and personal boundaries can create a harmonious living environment.

Share household chores fairly: Divide household tasks fairly and consistently follow the agreed-upon schedule. This ensures that everyone contributes to maintaining a clean and organized living space.

Be considerate of noise levels: When making noise, be mindful of your roommate's sleep patterns and study times. Using headphones or keeping the volume low can go a long way toward maintaining peace.

Maintain cleanliness: Don't leave messes behind, clear your dishes after meals, and tidy up your belongings. A clean living space is essential for everyone's comfort.

Do not use personal belongings without asking: Always ask before borrowing anything, such as towels, toiletries, or appliances. Respecting personal property shows consideration and builds trust.

Be respectful and polite: Treat your roommates or hosts kindly and courteously. Saying "please" and "thank you" can go a long way in building positive relationships.

Be flexible and adaptable: Living with others requires compromise and flexibility. Be open to adjusting your habits and routines to accommodate other’s needs.

Contribute to a positive atmosphere: Engage in friendly conversations, share a laugh, or occasionally cook a meal together. Having some fun together and creating a positive atmosphere can make living together enjoyable.

Following these tips can foster a healthy and enjoyable environment for yourself and others.

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 you are prepared to handle unexpected challenges effectively.

Here are some things to consider:

• How close is the property to emergency services in the area?
• Is there a safe place to go nearby in case your residence is unsafe?
• Do you have a safe method of transportation? 
• If you needed to stay somewhere else for a few nights, where would that be? What would you bring with you?
• Do the people you are living with know your emergency contact? 

Your dispute resolution options differ based on the situation and the nature of the dispute.

Depending on the details of your situation, you may have the option of going to:

• The Residential Tenancies Board
• Nova Scotia Small Claims Court
• Nova Scotia Supreme Court - General Division
• Nova Scotia Supreme Court - Family Division

Tenants and subletters: The Residential Tenancy Board’s dispute resolution system is for disputes between landlords and tenants. That includes disputes between tenants and subletters. To start the dispute resolution process, either party can make an application to the Director using Form J.  

More information about the dispute resolution process is in Dal Legal Aid’s Tenants’ Rights Guide. 

Disputes among tenants or roommates: The Residential Tenancy Board does not resolve disputes between roommates. That includes disputes among co-tenants. Those disputes usually go to the Nova Scotia Small Claims Court.

Spouses: If you have children together or have been living together for more than 2 years, you and your partner would qualify as common-law spouses. Disputes about the family residence would go to Nova Scotia Supreme Court - Family Division.

Short-term Romantic Partners: If you don’t have children together and have been living together for less than 2 years, you cannot use the family court process. Any legal dispute would either go to Nova Scotia Small Claims Court or Nova Scotia Supreme Court - General Division, depending on the nature of the dispute. 

Occupants and guests: Any legal dispute would either go to Nova Scotia Small Claims Court or Nova Scotia Supreme Court - General Division, depending on the nature of the dispute. 

Residential Tenancies Program:

• Phone: Toll-Free 1-800-670-4357 (within Nova Scotia) or General Inquiries at 902-424-5200.
• Website: Visit the Residential Tenancies Program website for detailed information and resources.

Dalhousie Legal Aid Tenants’ Rights Guide:

This guide provides detailed information on tenants' rights in Nova Scotia. It is now available on a dedicated website. 

Legal Aid Nova Scotia:

Legal Aid Nova Scotia offers tenant resources. Visit their website for more information about their services. 

Legal Information Society of Nova Scotia (LISNS):

Check our housing page for additional resources and information. You can also contact us with questions about the law in Nova Scotia.