Tenant Services

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

A standard form of lease agreement is used for rental agreements between landlords and tenants. If a written lease is not used, or if another form of lease other than the standard one is used, all of the terms listed in the standard form are still applicable.

No, a written inspection report is completely voluntary, however it is recommended that the standard inspection report form is used at a move in inspection.

Security deposits cannot legally exceed ½ month’s rent. Collected deposits are to be held in a trust account. Deposits are to be returned to tenants with 0% interest within 10 days of the lease end. If part of all of the deposit is to be retained the landlord must complete the required form at the residential tenancies office.

Tenants cannot be required to pay key money. Tenants can, however, be charged a fee if they lock themselves out of their property and require new keys. This fee has to be mentioned somewhere in the lease agreement in order to be enforced.

Landlords can request post dated cheques from tenants if the specific box on the standard lease is checked.

Notice to terminate a lease must be given 3 months in advance of the anniversary date by either the tenant or the landlord. If no notice is given then the lease automatically renews for another year.

If a tenant wishes to change their lease to a month-to month tenancy they must give 3 months notice to the landlord who must approve the change.

Prior to terminating a lease the landlord and tenant have a responsibility to re-negotiate the terms of the lease or decide to terminate it altogether. Upon lease renewal, unless otherwise specified, all other conditions and terms of the lease remain intact and relevant.

Fixed term leases have an end date and expire automatically if the term is not renewed by agreement prior to the end date. Once a fixed term expires, the landlord no longer has any obligation to the tenant. A Tenant cannot give notice to quit unless lease unless the tenant has been victim to domestic violence by giving one month’s notification to the landlord and providing a Certificate Confirming Grounds to Terminate Tenancy Due to Domestic Violence, which is issued by the Director of Victim Services within 60 days of issue of the certificate.

Tenants with a periodic lease are automatically granted tenure. This means that their lease cannot be terminated without a valid reason from the landlord
A tenant can terminate the lease, in writing, with adequate notice as follows:
1. Year-to-year lease: tenant must provide landlord with 3 month’s advance notice
2. Month-month lease: tenant must provide landlord with one month advance notice
3. Week-to-week lease: tenant must provide landlord with 1 week advance notice.

If a tenant wishes to sublet their lease they must submit a request, in writing to the landlord for approval. Landlords cannot deny a request for sublet without a valid reason and they are required to approve the new tenant. There is a sublet fee (not to exceed $75) that may be charged to the tenant if it is specified on the lease.

Aside from manufactured homes and land-lease communities there are no rent controls in Nova Scotia. Landlords set rental rates for their units. Rent can only be increased once every 12 months and landlords must provide written notice to the tenant 4 moths prior to the lease anniversary date.

Access Nova Scotia’s Residential Tenancies Program publishes an Annual Allowable Rent Increase Amount (AARIA) for land lease communities, which landlords are required to refer to when determining how much to increase a tenant’s rent.

Rent is considered to be late after a period of:
15 days in a month-to-month lease
7 days in a week-to-week lease,
30 days for tenants living in manufactured homes

In most leases, after a period of 15 days, the landlord can issue a notice to quit to the tenant, giving the tenant 15 days to pay their rent in full or vacate the property. If the tenant fails to take any action, the landlord can serve them with an order for immediate vacancy.

There are a number of reasons why a tenant can be evicted.
If the rent has not been paid in 15 days o
If the tenant violates the statutory conditions in the Act.

The landlord is required to file for a hearing to have a judgement issued or to mediate. In a hearing, the landlord and tenant will each be heard and they may bring forth evidence to support their case. A Residential Tenancies Officer will make the final judgment and will issue an order to one or both parties. The landlord must take the order issued to the court administrative offices to have it converted into an eviction order that only the Sheriff’s office is able to enforce. There may be some delays in obtaining the eviction order if the tenant appeals the officer’s decision to Small Claims Court.

Landlords are required to provide tenants with 24 hours notice in writing with details as to when they will be entering the premises. Entry is only allowed between the hours of 9 a.m. and 9 p.m. If prior notice to quit has been given to the landlord then the landlord can legally enter at anytime during daylight hours without giving notice to the tenant. In the event of an emergency a landlord my enter a property..

A tenant may not withhold rent for repairs. A tenant is required to make an application for dispute resolution.

Locks may only be changed upon agreement between the landlord and the tenant

According to section 9A of the residential tenancy act landlords are allowed to implement their own rules to promote the fair and equal distribution of services; promote the safety, comfort, or general well-being of tenants; or to protect the landlord’s own property.

Rules that landlords set must apply to all tenants living in the same complex/property and all tenants must receive a copy of the rules before signing a lease. A landlord can choose to change the rules, by giving tenants 4 months written notice prior to the lease anniversary.

Yes.

The landlord has the right to terminate tenancy if the clauses written into the lease are violated.