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.
Can I be evicted if I can't pay my rent?
Yes, you can be evicted if you do not pay your rent.
There had been 3-month suspension of evictions due to rental arrears related to COVID-19, but that ended on June 30, 2020.
Landlords may evict tenants only for the legal reasons allowed under the Residential Tenancies Act such as:
- Rental arrears
- Safety and/or security risk (for example, physical assaults)
- Abuse of landlord rules (for example, continued smoking in a non-smoking building)
- Tenant not following their legal obligations under Residential Tenancies Act (for example, subletting without the landlord’s permission)
- Damage/destruction to property
- Property owners wish to move back into their home
- Early termination is required for a new property owner to take possession of their new home
- A property is foreclosed on by a financial institution.
Annual rent increases cap (rent cap)
Until December 31, 2023 a tenant's rent can't be increased by more than two per cent per year.
The Province intends to change the cap to five per cent per year starting January 1, 2024: https://novascotia.ca/news/release/?id=20230322001
Who the rent cap applies to
- The rent cap applies to:
- tenants who have a residential lease
- tenants in a fixed term lease and who are signing another fixed-term lease for the same unit.
- For existing tenants staying in the same unit, rents can’t be increased by more than two per cent annually
- Any new or extra costs for services originally included in the lease (like parking) or removing services originally included in the lease (like electricity no longer being included in the rent) are also considered a rent increase and must be within the 2% rent cap.
- If a tenant had their rent increased by more than two per cent since September 1, 2020, their landlord will have to credit them the amount above the two per cent on their next rental payment.
- If the tenant doesn’t live there anymore but has paid the higher rent then their landlord will have to reimburse them the overpayment amount.
Who the rent cap does not apply to
The rent cap does not apply to:
- new tenants signing new leases for a new residence. For these tenants rates can be set at market value
- tenants with rent-geared income leases under public housing programs
- rental increases for lot fees in land-lease communities such as mobile home parks. There are other rental increase rules that apply to rent increases in land-lease communities.
- commercial leases.
How often rent can be increased, when and how
Landlords can only increase the rent once every 12 months. The rent can't be increased by more than 2% per year.
Landlords must give tenants written notice of a rent increase, as follows:
- 4 months written notice for year-to-year leases
- 4 months written notice for month-to-month leases
The written notice must say:
- the amount of the rent increase
- the date the rent will go up.
As of February 3, 2023 landlords can give the written pdf notice of a rent increase at any time of year. (192 KB) Before that change in the law landlords could only give notice of a rent increase 4 months before the lease anniversary date. Learn more about changes in the Residential Tenancies rules that came into effect on February 3 2023 at novascotia.ca/residential-tenancies-program-legislative-changes
Ending a lease early due to a rent increase
Tenants with a year-to-year lease can use Form C1: Tenant's Notice to Quit if they want to end their tenancy (lease) early because their landlord gave them notice of a rent increase.
Where to get more information and help
Tenants and landlords are always encouraged to work together to resolve disputes. If the tenant believes the landlord has not followed the rental increase rules and the landlord and tenant cannot work out the dispute, tenants and landlords can apply to the Residential Tenancies Program for help.
You can get information and help with residential tenancies problems, including evictions, from:
- Nova Scotia Residential Tenancies Program (for landlords and tenants)
- Nova Scotia Residential Tenancies Guides (for landlords and tenants)
- Nova Scotia Legal Aid (legal help for tenants)
- ACORN Canada (for tenants)
- Dalhousie Legal Aid (legal help for tenants) and Dalhousie Legal Aid Tenant Rights Guides
- Investment Property Owners Association of Nova Scotia (for landlords)
- Legal Information Society of Nova Scotia (legal information for landlords and tenants)
- Nova Scotia Affordable Housing Commission
Renovictions (ending a lease for renovations)
The Nova Scotia government has a pdf renoviction fact sheet for Residential Tenants and Landlords (66 KB) that sets out important changes to the rules about ending a tenant's lease for the purpose of renovations ('renovictions'). The new rules came into place on March 21, 2022.
Here are the highlights:
The ban on renovictions has ended. There are now new rules about renovictions.
The new renoviction rules include:
- Landlords and tenants may both agree to end the lease due to a renovation. The agreement must be in writing and must use Form DR5: Agreement to end tenancy (lease) for demolition, repairs or renovations available from Residential Tenancies at novascotia.ca/RTA
- Landlords must give tenants at least three months notice of a planned renoviction
- Landlords must give tenants between one month and three months rent as compensation, depending on the building size. Landlords may have to pay more compensation to tenants if the landlord does not follow the rules about renovictions
- If the landlord provides another unit that is acceptable to the tenant, and the tenant agrees to enter into a lease for the new unit with the same benefits and obligations as the current lease, the tenant is not entitled to compensation
- If the landlord and tenant do not come to an agreement, the landlord must apply to the Residential Tenancies Program asking for an eviction order.
See sections 10AB, 10AC, and 10AD of the Residential Tenancies Act for more information about ending a tenancy for demolition, repairs or renovations.
Landlords may evict tenants only for the legal reasons allowed under the Residential Tenancies Act such as:
- Rental arrears
- Safety and/or security risk (for example, physical assaults)
- Abuse of landlord rules (for example, continued smoking in a non-smoking building)
- Tenant not following their legal obligations under Residential Tenancies Act (for example, subletting without the landlord’s permission)
- Damage/destruction to property
- Property owners wish to move back into their home
- Early termination is required for a new property owner to take possession of their new home
- A property is foreclosed on by a financial institution.
Where to get more information and help
Tenants and landlords are always encouraged to work together to resolve disputes. If the tenant believes the landlord has not followed the renoviction rules and the landlord and tenant cannot work out the dispute, tenants and landlords can apply to the Residential Tenancies Program for help.
You can get information and help with residential tenancies problems, including evictions, from:
- Nova Scotia Residential Tenancies Program (for landlords and tenants)
- Nova Scotia Residential Tenancies Guides (for landlords and tenants)
- Nova Scotia Legal Aid (legal help for tenants)
- ACORN Canada (for tenants)
- Dalhousie Legal Aid (legal help for tenants) and Dalhousie Legal Aid Tenant Rights Guides
- Investment Property Owners Association of Nova Scotia (for landlords)
- Legal Information Society of Nova Scotia (legal information for landlords and tenants)
- Nova Scotia Affordable Housing Commission
Last reviewed: February 2023