What is a bad faith eviction?
A bad faith eviction happens when a landlord uses eviction procedures for reasons that are dishonest, retaliatory, discriminatory or otherwise outside the lawful grounds in provincial tenancy law. If you believe a notice or eviction is being used to punish you for asking for repairs or asserting other tenancy rights, you can gather evidence and apply for dispute resolution with the Residential Tenancies Program[1]. The governing law for tenancy relationships in Nova Scotia is the Residential Tenancies Act[2], which sets the permitted grounds and processes.
Signs of a bad faith eviction
- Eviction without a valid reason.
- A written notice is delivered without clear explanation.
- Landlord refuses to make essential repairs after complaints.
- Threats of extra fees or rent increases after you raised concerns.
Immediate steps to protect your tenancy
- Keep written records, photos, videos and receipts of problems and conversations.
- Save any eviction notice and all written communication from the landlord.
- Note deadlines in the notice and act before they expire.
- Contact the Residential Tenancies Program for guidance on filing a dispute[1].
Official forms you may see
Common official forms include the Notice to Quit (used by a landlord to start an eviction) and the Application for Dispute Resolution (used by tenants to ask the tribunal to decide). Read the instructions on each form and keep dated copies when you submit them.[3]
- Notice to Quit — used when a landlord says you must leave; if you receive one, keep it and check the deadline and stated reason.
- Application for Dispute Resolution — file this to ask the Residential Tenancies Program to hear your case; include evidence and a clear statement of what remedy you want.
For practical help with tenant complaints or repairs, see How to Handle Complaints in Your Rental: A Tenant's Guide and review your rights on Tenant Rights and Landlord Rights in Nova Scotia.
If you need housing options while you sort a dispute, Find rental homes across Canada on Houseme.
FAQ
- Can my landlord evict me without a reason?
- No. Landlords must follow the Residential Tenancies Act and valid grounds are required to evict; if a notice looks improper you can apply for dispute resolution.[2]
- What evidence helps my case?
- Copies of notices, photos, dated communication, receipts for repairs or rent, and witness statements are useful.
- How long do I have to respond to an eviction notice?
- Deadlines vary by the type of notice; check the notice and act quickly or contact the Residential Tenancies Program for exact timelines.[1]
How-To
- Collect and save all documents, photos, messages and receipts related to the issue.
- Keep the original eviction notice and make dated copies for your records.
- Check and respect any deadlines; prepare a dispute application before the deadline.
- Contact the Residential Tenancies Program for filing instructions and possible mediation.[1]
- Consider getting legal or community tenant support if the case is complex or urgent.
Key Takeaways
- Document everything related to the eviction or dispute.
- Watch and meet official deadlines to protect your rights.
- Use the Residential Tenancies Program as the first official route for dispute resolution.
Help and Support / Resources
- Residential Tenancies Program (Nova Scotia)
- Residential Tenancies Act (Nova Scotia)
- Official forms and instructions (Nova Scotia)
