Eviction for Damages: Nova Scotia Tenant Guide

As a tenant in Nova Scotia, you have clear rights and protections if your landlord alleges you’ve caused damage to your rental. If you receive an eviction notice for alleged damages, it’s important to understand the steps both you and your landlord must follow under Nova Scotia law. This guide demystifies the process, explains the rules, and outlines how to challenge unfair evictions—helping you stay protected and informed.

Your Rights as a Tenant in Nova Scotia

Tenants in Nova Scotia are covered by the Residential Tenancies Act, which lays out the rights and responsibilities of both landlords and tenants.[1] When damages are alleged, you are entitled to:

  • Receive proper written notice with reasons and timelines for the alleged breach
  • Challenge the eviction through the provincial dispute process
  • Attend a hearing and present evidence
  • Remain in the property until an official order is made (except in rare emergency situations)

For a broader look at tenant and landlord rights in this province, visit Tenant Rights and Landlord Rights in Nova Scotia.

Common Types of Damages and What Counts

Damage claims must go beyond ordinary "wear and tear." Typically, damages leading to eviction notices include:

  • Broken windows, doors, or fixtures from clear neglect or misuse
  • Serious wall, flooring, or appliance damage
  • Significant water damage due to negligence
  • Intentional destruction of property

Normal wear—like faded paint or minor scuffs—cannot be the reason for an eviction.

The Eviction Process for Damages in Nova Scotia

Landlords in Nova Scotia must strictly follow the process set out by the Residential Tenancies Program (part of Service Nova Scotia). If they believe you have caused damages, here’s what typically happens:

Step 1: Written Notice to Quit (Form C)

Your landlord must serve you with a Form C: Notice to Quit for alleging a substantial breach such as property damage. Find the official form here: Notice to Quit (Form C).[2] This notice must:

  • State the details of the alleged damage
  • Give you at least 15 days to vacate (if you rent month-to-month), or 7 days for week-to-week rentals
  • Include information about your right to contest the notice

Practical Example: If a landlord claims you broke a window and caused water damage, they must specify what was damaged, and give you the correct notice period using this form.

Step 2: Disputing the Notice (Form J)

If you disagree with the notice, you can file a Form J: Application to Director within 15 days of receiving the Notice to Quit. This is your chance to ask for a hearing. The form is available here: Application to Director (Form J).[3]

  • Submit the form (with supporting documents or photos) to the Residential Tenancies Program
  • You’ll get a scheduled hearing to present your side
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What Happens at the Hearing?

A Residential Tenancies Officer will hear evidence from both sides, including photos, repair estimates, and testimonies. If you prove:

  • The damage was normal wear and tear
  • The claim is exaggerated or untrue
  • You already fixed the problem (provide receipts)

...the eviction can be cancelled or the claim reduced.

If you receive a Notice to Quit, never ignore it—even if you think the claim is unfair. Take action and file Form J promptly to protect your rights!

Security Deposits and Final Inspections

Landlords may also try to use your security deposit for alleged damages at the end of your tenancy. In these cases, it’s essential to document the condition of the rental, especially before moving out. For detailed tips on ensuring you get your deposit back, see How to Get Your Security Deposit Back with Interest When Moving Out.

If you’re just moving in, see Guide to the Initial Rental Property Inspection for Tenants to help prevent disputes later.

Your Responsibilities and Best Practices

Along with your rights, tenants also have responsibilities:

  • Keep the property reasonably clean
  • Promptly report maintenance or damages
  • Not intentionally or negligently damage the property

Review the full list of obligations for both parties in the Obligations of Landlords and Tenants: Rights and Responsibilities Explained guide.

Where to Find More Rentals If Needed

Sometimes, moving becomes the best option if an eviction proceeds. Find rental homes across Canada on Houseme to explore listings in your area and get a fresh start.

  1. What if the alleged damages occurred before I moved in?
    Document previous damage with photos as soon as you move in, and raise it immediately with your landlord. This can help at any hearing.
  2. How long do I have to respond to an eviction notice for damages?
    You have 15 days from receiving the Notice to Quit to file Form J and challenge the eviction.
  3. Can my security deposit be kept for damages?
    Yes, but only for actual damages (not wear and tear) that can be proven. Disputes are handled by the Residential Tenancies Program.
  4. Do I have to move out before a hearing?
    No. You have the right to stay in your rental until a Tenancies Officer issues a formal order after the hearing—unless your tenancy has ended otherwise.
  5. Who handles eviction hearings for damages in Nova Scotia?
    The Residential Tenancies Program (Service Nova Scotia) manages all tenancy hearings in the province.

Conclusion: Key Takeaways for Nova Scotia Tenants

  • Always respond to eviction notices for damages using the correct forms
  • Document your rental’s condition—photos help defend you
  • Use the Residential Tenancies Program’s hearing process to contest unfair claims

Standing up for your rights is easier when you understand the process and have documentation ready. If you have questions, seek advice early—don’t wait until the last minute.

Need Help? Resources for Tenants

  1. See: Residential Tenancies Act, Nova Scotia
  2. Official Notice to Quit (Form C): Notice to Quit (Form C) (Service Nova Scotia)
  3. Application to Director (Form J): Form J (Service Nova Scotia)

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