Can Tenants Record Landlord Entry in Nova Scotia Legally?

If you’re renting in Nova Scotia, respecting your privacy while ensuring your rights are protected is crucial. Many tenants wonder if they can legally record their landlord’s entry into their unit—especially after disagreements or to keep an accurate record of events. Here, we explain Nova Scotia’s rules on privacy, entry, and recording, while offering straightforward advice for tenants balancing documentation needs with legal boundaries.

Understanding Privacy Rights and Landlord Entry in Nova Scotia

In Nova Scotia, tenants have a right to quiet enjoyment and privacy in their rental homes. Landlords, however, may enter a rental unit for several permitted reasons, such as repairs or inspections. The key frameworks outlining these rules are set by the Residential Tenancies Act and overseen by the Residential Tenancies Program – Service Nova Scotia.¹

• With proper notice (at least 24 hours, in writing), your landlord can enter for a valid reason.
• Immediate entry is allowed only in emergencies (e.g., fire, flood, urgent repairs).
• Entry must occur between 9 a.m. and 9 p.m., unless agreed otherwise.

For more details about your broader rights as a tenant in the province, visit Tenant Rights and Landlord Rights in Nova Scotia.

Is It Legal To Record Landlords Entering Your Rental Unit?

Tenants often want to record (video or audio) landlord entries to keep evidence of the condition of the unit or conduct during the visit. Recordings, however, are subject to both privacy law and criminal law in Nova Scotia and across Canada.

Audio Recording

Under the Canadian Criminal Code, you are permitted to make an audio recording of a conversation as long as you are a party to the conversation. That means if you are present in your home and the landlord is speaking to you, it is legal to record the conversation—no consent from the landlord is needed.

Video Recording

Recording video of your landlord entering is generally permitted if you are present and not secretly filming private areas like bathrooms or bedrooms when people expect complete privacy. However, installing hidden cameras or recording without being present could contravene both privacy laws and rental legislation.

• Never record in areas where privacy is expected (e.g., bathrooms).
• You may record entry with a phone when you are home, for documentation or safety.
• If considering permanent security cameras, discuss placement with your landlord, as some surveillance may require consent.

Documentation and Evidence: When and How Should Tenants Record?

Recording can be helpful for both parties, especially when there are disagreements about repairs or the condition of the property. Before recording, consider:

• Letting your landlord know you will record for the sake of transparency
• Focusing recordings on common spaces if possible
• Using your record only for dispute resolution, not wider publication

Photographs (with time and date) are also admissible evidence for issues such as repairs or inspections. For tips on moving in and documenting your unit, visit Guide to the Initial Rental Property Inspection for Tenants.

Official Forms and Where To Get Help

Notice To Enter Rental Premises (Form E)

Landlords must provide written notice before entering your unit, except in emergencies. In Nova Scotia, this is done using Form E: Notice to Enter Premises (official PDF). Tenants should keep a copy when one is received.

• When to use: When a landlord gives notice to enter for inspection, repairs, or to show the unit.
• Practical tip: If notice was not given correctly, you can file a complaint with the Residential Tenancies Program.

Application to Director (Form J)

If you believe your privacy was breached or landlord entry rules were violated, you can file a complaint using Form J: Application to Director (official PDF).

• When to use: To request a hearing or a remedy if your landlord entered improperly or without notice.

Your Rights and Responsibilities

Both tenants and landlords have responsibilities under Nova Scotia’s rental laws. Understanding these can help avoid disputes and ensure everyone is treated fairly. Learn more about obligations in our Obligations of Landlords and Tenants: Rights and Responsibilities Explained resource.

Finding a New Home or Reporting Issues

If privacy continues to be a problem, you can consider looking for a new rental. Find rental homes across Canada on Houseme for a wide selection of listings, including Nova Scotia options.

Frequently Asked Questions

1. Can I install a security camera inside my rental?
   Yes, but it should only be in common areas and ideally with your landlord's knowledge. Hidden cameras or those recording places where the landlord or others expect privacy are not recommended and could be illegal.
2. What should I do if my landlord enters without proper notice?
   Document the date and time, try to resolve it directly, and if unresolved, file an Application to Director (Form J) with the Residential Tenancies Program.
3. Is it okay to record entry when I'm not home?
   Leaving passive recording devices (like hidden cameras) when you're not home can violate privacy law. Legal issues may arise and consent should be obtained.
4. What evidence can I use if there's a dispute about landlord entry?
   Photos, audio (if you are present), and written communication (text, email) can all be used as evidence, provided privacy laws are respected.
5. Where can I get official advice if I'm unsure about my rights to record?
   Contact Residential Tenancies Program – Service Nova Scotia or seek help from a local tenant advocacy group for tailored advice.

Key Takeaways for Nova Scotia Tenants

• Tenants may record landlord entries if they are present and only in areas where privacy is not expected.
• Your landlord must give written notice to enter, except in emergencies.
• Always use recordings responsibly, only for documentation or disputes—not for public sharing.

Nova Scotia tenants benefit from clear privacy laws, so always communicate and document respectfully to protect your home and rights.

Need Help? Resources for Tenants

• Residential Tenancies Program – Service Nova Scotia: For forms, applications, and tenant advice.
• Residential Tenancies Act Regulations
• Tenant Rights and Landlord Rights in Nova Scotia
• Nova Scotia Legal Aid: Free tenant support and advice (official site).

---

1. Residential Tenancies Act – Nova Scotia
2. Canadian Criminal Code, section 184 (interception of private communications)
3. Tenants – Rights and Responsibilities (Nova Scotia Government)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy