What types of rental accommodations are covered by Nova Scotia legislation governing residential tenancies?
All residential premises are governed by the Residential Tenancies Act.
What types of rental accommodations are NOT covered by this legislation?
* Universities, colleges and other institutions of learning
* Hospitals
* Prisons
* Hotels
* Homes for special care
What types of rental periods are provided for in the legislation?
A lease can be (i) week to week, (ii) month to month), or (iii) for a fixed term with a specified termination date.
Is it necessary to have a written lease?
No, a written lease is not required, however it is recommended. If there is a written lease, it must include elements of a prescribed lease which is outlined in the regulations to the Act. Even without a written lease, the landlord-tenant relationship is still guided by the standard terms of the prescribed lease.
A signed move-in / move-out checklist is not required.
Can the landlord charge a deposit?
Yes, the landlord is allowed to charge a security deposit that does not exceed half of one month’s rent. The landlord must return the deposit with interest of 1% per year at the end of the tenancy. If a landlord wants to keep all or a portion of the deposit for repairs of damage or unpaid rent, the landlord must apply to Residential Tenancies for permission to do so.
It is illegal for a landlord to require key money. However, a tenant may face a penalty if the tenant locks himself/herself out of the premises and if new keys need to be issued.
What about post-dated cheques?
The landlord is at liberty to ask a tenant to provide post-dated cheques only if this is indicated on the standard form lease, otherwise they cannot be required.
When is the landlord allowed to increase the rent?
There are no rent controls in Nova Scotia. In a mobile home park, tenants may ask Residential Tenancies to review the rent, and an Officer will determine what the rent can be. Regardless of the type of rental accommodation, a landlord may only raise the rent once in any 12-month period and must give written notice at least 4 months before the anniversary date of the tenancy.
When is rent considered late?
Rent is considered late after 30 days, at which point the landlord may give notice to the tenant to vacate in the next 15 days. If the tenant does not pay and leave the premises, the landlord may have the matter heard before Residential Tenancies, which can issue an order for the tenant to pay the rent or to pay the rent and move out.
How can a lease be renewed?
Year-to-year leases automatically renew for another year if no notice is given. If a tenant serves a Notice to Quit under the original lease 3 months before the end of the term, he/she may ask the landlord to change the tenancy to a month-to-month lease. A landlord cannot arbitrarily deny this request.
How can a lease be terminated?
It is the responsibility of both parties to renegotiate or terminate the lease before the expiry date. Tenants may not give notice during a fixed term lease, but must wait until the end of the fixed term for the lease to terminate. Landlords may only terminate a tenancy for specified reasons as set out in the Act and cannot terminate simply because a fixed term has expired. When a fixed term tenancy goes to a month-to-month term, the landlord cannot force a tenant to sign another lease or agree to another fixed term.
For a year-to-year lease, both landlord and tenant must give 3 months’ notice. For a month-to-month lease, the tenant must give 1 month’s notice and the landlord must give 3 months. For a week-to-week lease, the tenant must give 1 week’s notice and the landlord must give 4 weeks. Fixed term leases expire automatically. All notices must be in writing.
Can a tenant assign a lease or sublet the premises?
Provincial legislation does not reference assignments, only sublets. The landlord must approve the new tenant, but may not arbitrarily deny a sublet. A request to sublet need not be in writing.
When is the landlord permitted to enter the premises?
A landlord may enter the premises on no less than 24 hours notice in writing, stating the planned date and time of entry. This must be between 9 a.m. and 9 p.m. A landlord may enter at any time during daylight hours, without written notice, if a notice to quit has been given.
How can a landlord evict a tenant?
A landlord may seek an order from Residential Tenancies stating that the tenant must move out (i) if the rent is more than 30 days late, or (ii) if the tenant breaks any of the statutory conditions in the Act. The landlord must apply to have the matter mediated or a hearing held. If mediation is chosen, both parties must attempt to come to an agreement and sign a mediated settlement. If a hearing proceeds, the parties will both be heard and may provide evidence to support their application. A Residential Tenancies Officer issues an order, which the landlord takes to the court to have it converted to an eviction order. Only the Sheriff can enforce an eviction order.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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