Eviction for Landlord’s Family Use in Nova Scotia: Tenant Rules

Facing eviction because your landlord says a family member needs your apartment can be stressful and confusing. In Nova Scotia, there are specific legal rules landlords must follow to end a tenancy for their own use or for close family. This guide explains what tenants need to know, what to expect, and how to respond if you receive this type of notice under Nova Scotia law.

Landlord’s Right to End a Tenancy for Personal or Family Use

Under Nova Scotia’s Residential Tenancies Act, a landlord can legally end your tenancy if they (or a close family member) want to move into your unit. However, there are important rules, required notice periods, and tenant protections involved.

• The landlord must intend to have themselves, their spouse, child, or parent—move in and live there
• Other extended family members (siblings, cousins, etc.) usually do not qualify under this reason
• The landlord must properly serve you with a written notice using the correct form
• You are entitled to a minimum of three months’ written notice

It is important to know that your landlord can't evict you for family use as a strategy to simply re-rent at a higher rate. The person specified in the notice must actually intend to occupy the unit as a primary residence.

Notice Requirements and Official Forms

Landlords must use the official Form C – “Notice to Quit (Landlord to Tenant)” for this type of eviction. You can view and download the Form C – Notice to Quit (Landlord to Tenant) from the Nova Scotia government website.

Key points about Form C:

• The landlord must specify the reason for eviction (i.e., family use)
• You must be given at least three months’ notice, unless your lease is a week-to-week tenancy, which requires one week’s notice
• The form must be served in person, by registered mail, or as otherwise allowed by the law

For example, if your landlord gives you a Form C on April 1, your tenancy can end no sooner than July 1 (for month-to-month or fixed-term leases).

Your Rights as a Tenant Facing Family Use Eviction

Tenants have important rights when facing eviction for landlord or family use:

• You cannot be evicted without proper written notice
• You can stay for the full notice period and do not need to leave before then
• You can dispute the notice by applying to the Residential Tenancies Program if you believe the landlord is evicting you without a legitimate reason

It's normal to be concerned about your next steps. If you’re ending your tenancy, check out How to Properly End Your Rental Agreement as a Tenant for clear advice on moving out properly and protecting your legal rights.

Who Handles Tenant-Landlord Disputes in Nova Scotia?

Nova Scotia’s Residential Tenancies Program is the body that oversees rental disputes, including evictions for landlord’s family use. If you receive a notice you believe is unfair, you can file an Application to Director (Form K) to dispute it.

More information on all tenant and landlord rights in this province can be found on Tenant Rights and Landlord Rights in Nova Scotia.

What If You Disagree with the Eviction Reason?

If you believe the eviction is not genuine or in bad faith (such as if the unit is rented out again right away), you are legally entitled to challenge it. You must act quickly after receiving notice.

• File an Application to Director (Form K) with the Residential Tenancies Program within the time limit
• Gather evidence (such as communications, proof the family member never moved in, or new advertisements for the unit)
• Attend the Residential Tenancies hearing to present your case

What Happens When You Move Out?

After moving out, it’s wise to do a walk-through inspection and ensure you leave the property clean and undamaged. This can help protect your security deposit. For more, see The Final Inspection: What Tenants Need to Know Before Moving Out.

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FAQs About Eviction for Landlord's Family Use in Nova Scotia

1. How much notice does my landlord need to give me if they want a family member to move in?
   In most cases, you must receive at least three months’ written notice using the official Form C. For weekly tenants, a one-week notice is required.
2. Can I dispute an eviction for family use if I suspect it’s not genuine?
   Yes. You can file an Application to Director (Form K) with the Residential Tenancies Program to challenge the notice if you believe your landlord isn’t acting in good faith.
3. Do I need to move out before the notice period ends?
   No. You can remain in your rental until the date specified in the notice. You do not need to leave earlier unless you choose to.
4. What can I do to make sure I get my security deposit back?
   Ensure the home is thoroughly cleaned, perform a final inspection, and document the unit’s condition before leaving. For more tips, read The Final Inspection: What Tenants Need to Know Before Moving Out.
5. If the family member never moves in, what are my options?
   Contact the Residential Tenancies Program and provide evidence. You may be entitled to compensation if the landlord acted in bad faith.

Conclusion: Key Takeaways for Tenants

• Landlords in Nova Scotia can end your tenancy for their own or close family use—but only with proper notice and forms
• You have rights to contest the eviction, and can stay until the end of the notice period
• If you suspect bad faith, reach out to the Residential Tenancies Program for help

Always keep copies of all notices and communications. Take action quickly if you want to dispute an eviction.

Need Help? Resources for Tenants

• Residential Tenancies Program (Nova Scotia) — official tribunal for tenant-landlord disputes, guidance, and forms
• Residential Tenancies Residential Tenancies Act, Guide & Resources (gov.ns.ca)
• Legal Aid Nova Scotia: www.nslegalaid.ca — tenant legal support
• For province-specific legal information, see Tenant Rights and Landlord Rights in Nova Scotia

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1. Nova Scotia Residential Tenancies Act
2. Residential Tenancies Program (Service Nova Scotia): https://beta.novascotia.ca/programs-and-services/residential-tenancies-program
3. Form C – Notice to Quit (Landlord to Tenant): https://beta.novascotia.ca/sites/default/files/documents/1-1897/notice-quit-landlord-tenant-form-c-en.pdf
4. Guide to Security Deposits and Rental Exits: The Final Inspection: What Tenants Need to Know Before Moving Out

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