Renting in Nova Scotia

Governing or Regulatory Body

Housing Services

Name of Act / Regulations

Residential Tenancies Act

Types of Housing/Living Arrangements Covered by the Provincial Legislation

All residential rental premises

Exclusions: universities, colleges, other institutions of learning, hospitals, prisons, hotels, homes for special care.

Types of Rental Periods

Leases can be week-to-week, month-to-month, year-to-year and fixed term.

Is a signed lease required?

A written lease is not required, but if a written lease exists, it must include elements of a prescribed lease outlined in the regulations. Without a lease, the landlord-tenant relationship is still guided by the standard terms of the prescribed lease.

Is a signed move in/move out checklist required?

No. It is voluntary and a copy is available online at the Government of Nova Scotia site. (See Contact Information below.)

Deposits

Security deposits may not exceed ½ of a month's rent. Landlords must hold security deposits in a trust account. The landlord has to return the deposit with 1% per year interest at the end of the tenancy. If landlords want to keep some or all of the deposit, they must apply to Residential Tenancies for permission.

Key Money

Requiring key money is illegal. The only money landlords are allowed to collect is the security deposit and first month's rent; however, tenants may face a penalty if they lock themselves out and new keys need to be issued to them.

Post-dated Cheques

Post-dated cheques may only be requested as long as the specific box on the standard lease is ticked; otherwise they cannot be required.

Renewal of a Lease Term

Year-to-year leases renew for another year if no notice is given. If tenants serve a Notice to Quit under their original lease 3 months before the end of its term, they may ask the landlord to change the tenancy to a month-to-month lease. Landlords cannot arbitrarily deny this request.

Terminating a Lease: Notice and Timing

Prior to a lease terminating, it is the responsibility of landlord and tenant to re-negotiate terms or terminate the lease. Tenants may not give notice during a fixed term lease, rather at the end of the fixed term. Once a fixed term expires, the landlord has no further obligation to the tenant. When a lease is renewed, unless otherwise agreed, other than the new term of the lease, all other conditions of the lease remain the same.

Different notices apply depending on the lease term:

• for a year-to-year lease, both landlord and tenant must give 3 month's notice;
• for a month-to-month lease, tenant must give one month, the landlord 3 months;
• for a week-to-week lease, the landlord must give 4 weeks and tenants give 1 week notice.

Fixed term leases expire automatically. All notices must be in writing.

Assignments and Sublets

In Nova Scotia sublets, not assignments, are referenced in the legislation. Landlords must approve the new tenant and may not arbitrarily deny a sublet. Requests to sublet need not be in writing.

Rent Increases: Notice and Timing

There are no rent controls in Nova Scotia. In a mobile home park tenants may ask the Residential Tenancies to review the rent and a Residential Tenancies Officer will determine what the rent can be. Landlords of all types of residential rental units may only raise the rent once in 12 months and must give written notice at least 4 months before the anniversary date of the tenancy.

Late Rent Payments

Rent is considered late after 30 days. After 30 days, the landlord may give notice to the tenant to vacate in the next 15 days. If the tenant does not pay and leave, the landlord may have the matter heard before Residential Tenancies within the following 2-5 weeks. A Residential Tenancies Officer may issue an order for the tenant to pay the rent or to pay the rent and move out.

Evictions

A landlord may ask Residential Tenancies to issue an order stating that the tenant must move out for two main reasons:

• if the rent is more than 30 days late or
• if the tenant breaks the statutory conditions in the Act.

The landlord must apply to have the matter mediated or a hearing held. Both mediation and hearings are forms of dispute resolution. If mediation is chosen, both parties will attempt to come to an agreement and then they sign a mediated settlement, which is a contract between the two parties. If the hearing proceeds, the landlord and the tenant will be heard and may provide evidence to support their application. A Residential Tenancies Officer makes a decision in the form of an order. The landlord must take this order to the court administrative offices to have it converted to an eviction order that only the Sheriff can enforce. There may be delays in obtaining an eviction order if the tenant appeals the officer's decision to Small Claims Court.

Fine Points

Permitting Landlord Entry to the Premises (Times and Reasons)

Landlords must provide 24 hours notice in writing stating when they plan to enter the premises. This time must be between 9 a.m. and 9 p.m. Landlords may enter at any time during daylight hours, without written notice, if a notice to quit has been given.

May the tenant withhold rent for repairs?

No.

Changing Locks

Not allowed.

Pets and Smoking

May a landlord refuse to rent to a tenant who has pets or smokes?

Nova Scotia's tenancy legislation allows a landlord to establish reasonable rules that promote the fair distribution of services; promote the safety, comfort or welfare of tenants; or protect the landlord's property. A landlord's right to do this is established by Section 9A of the Residential Tenancies Act. Examples of rules that can be established include rules around the operation of laundry facilities, storage of hazardous materials and pets.

Rules must apply to all tenants in a fair manner and tenants must be given a copy of the rules prior to signing a lease. As well, changes in a landlord's rules can be made with four months notice to the tenant prior to the anniversary date of the lease. This allows the tenant enough time to give the landlord notice that the lease will not be renewed if the tenant does not agree with any new or amended rule.

In short, the landlord, if they meet the above requirements, can indeed restrict pets and smoking.

If a no pets and no smoking clause is written into a lease and the landlord discovers that the tenant has a pet and/or smokes in the rental unit, is this grounds for the landlord to evict the tenant?

If a no pets or no smoking clause is written into the lease, the landlord has the right to seek termination of tenancy if the tenant contravenes the lease.

Contact Information For general information about renting in Nova Scotia contact:

Service Nova Scotia and Municipal Relations — Residential Tenancies
Public Enquiries — Service Nova Scotia & Municipal Relations
Mail Room, 8 South, Maritime Centre
1505 Barrington Street
Halifax, NS
B3J 3K5
Tel.: 902-424-5200
Toll-free within Nova Scotia: 1-800-670-4357
Fax: 902-424-0720
http://www.gov.ns.ca/snsmr/consumer/resten/

Department of Community Services —  Housing and Repairs
Central Regional Office
2131 Gottingen Street
P. O. Box 2623
Halifax, Nova Scotia
B3J 3P7
Tel.: 902-424-4754
Fax: 902-424-5115
http://www.gov.ns.ca/coms/housing/rental_housing.html

Addresses of Residential Tenancies offices across the province:
http://www.gov.ns.ca/snsmr/consumer/resten/contact.asp

Related Links

Acts and Statues

Residential Tenancies Act
http://www.gov.ns.ca/legislature/legc/statutes/resident.htm
(See provincial contact, above.)

Residential Tenancies Regulations
http://www.gov.ns.ca/just/regulations/regs/rtgenrl.htm
(See provincial contact, above.)

Rental Guides by Topic (available as PDF documents)

Do You Rent: A Guide to Residential Tenancies in Nova Scotia http://www.gov.ns.ca/snsmr/forms/pdf/resten/TenancyGuide.pdf

Exploring Your Options for Resolving Disputes http://www.gov.ns.ca/snsmr/consumer/resten/pdf/resolvingdisputes.pdf

Mediation and Hearings http://www.gov.ns.ca/snsmr/consumer/resten/pdf/mediation_hearings.pdf

Smarttenants Renting Guide for Students Living off Campus http://www.gov.ns.ca/snsmr/consumer/resten/pdf/SMARTen_Guide.pdf

Renting in a Mobile Home Park http://www.gov.ns.ca/snsmr/consumer/resten/pdf/Mobile_Home_Parks.pdf

Human Rights Commission
This Web site provides an overview of the commission, the complaint process and a variety of information related to the commission.
http://www.gov.ns.ca/humanrights/

Department of Housing and Consumer Affairs
Information on this government department, which administers the provincial Housing Act and the Consumer Protection Act. The information provided is brief, but the list of programs and services available is quite useful.
http://www.gov.ns.ca/coms/housing/rental_housing.html

Tenancy Guide for Landlords and Tenants
This PDF file is a valuable guide for landlords and tenants. Written in plain language, the most prevalent issues are addressed in the guide, from a description of the lease / rental agreement to security deposits, rent increases and making a complaint.
http://www.gov.ns.ca/snsmr/forms/pdf/resten/TenancyGuide.pdf
(See provincial contact, above.)

Residential Tenancies
A series of pages that provide answers to the most commonly asked questions pertaining to landlord-tenant issues. Answers are brief and written in plain language.
http://www.gov.ns.ca/snsmr/consumer/resten/faq/

Definitions
A glossary of common rental terms, from Adjourn to Wear and Tear. A useful guide for anyone trying to decode the legal language in a lease.
http://www.gov.ns.ca/snsmr/consumer/resten/def.asp

Downloadable Forms
Links to various forms related to tenancies; the forms are in PDF format and the user is able to type directly into the form rather than printing it out and filling it in by hand.
http://www.gov.ns.ca/snsmr/consumer/resten/forms.stm

Links
Four links to related government Web pages are provided, including Acts, Regulations and Statutes.
http://www.gov.ns.ca/snsmr/consumer/resten/related.asp

Co-operative Housing: A Guide for Members
An online guide for members of co-operative housing projects, prepared by the NS Economic Development Co-operative Branch in collaboration with other government departments.
http://www.gov.ns.ca/snsmr/coop/default.asp

Senior Citizens’ Secretariat
Provides a number of services to seniors in the province including housing assistance. Also co-sponsors the Good Neighbours Community Program.
http://www.gov.ns.ca/scs/

Dalhousie University Housing Services
http://www.ancillaries.dal.ca/default.asp?mn=1.8

For information regarding traditional residences:
Residence Office
1443 Seymour Street
Halifax, Nova Scotia
B3H 3M6
Tel.: 902-494-1054
Fax: 902-494-3410

For information regarding non-traditional residences:
Accommodations Office
Fenwick Place
5599 Fenwick Street
Halifax, Nova Scotia
B3H 1R2
Tel.: 902-494-2782
Fax: 902-494-2213