Eviction for Non-Payment of Rent: Nova Scotia Tenant Guide

If you are renting in Nova Scotia, you may wonder what happens if you fall behind on your rent. Non-payment of rent is one of the most common reasons for eviction in the province, but the process must follow specific rules outlined in Nova Scotia’s residential tenancy legislation. This article explains your rights and responsibilities as a tenant, what notices landlords must give, and how to respond if you receive an eviction notice for unpaid rent.

Can Tenants Be Evicted for Non-Payment of Rent in Nova Scotia?

In Nova Scotia, your landlord can begin the eviction process if you do not pay your rent in full and on time, as required by your lease agreement. The process is set out under the Residential Tenancies Act (Nova Scotia)^[1]. However, you have rights and options during this process—an eviction is not automatic or immediate.

Which Board Handles Residential Evictions?

All rental disputes and eviction applications in Nova Scotia are handled by the Residential Tenancy Program, part of Service Nova Scotia. This office manages landlord and tenant applications, issues orders, and provides information on tenancy rights.

Required Notice for Non-Payment of Rent

If you miss your rent payment—even by one day—your landlord can serve you with a formal eviction notice. The notice must:

• Be in writing and use the official government form
• State the amount of rent owing, the period it covers, and the deadline for payment

The official form your landlord must use is Form D: ‘Notice to Quit—Failure to Pay Rent’. View Form D from Service Nova Scotia.

Action Steps if You Receive a Notice to Quit

• Check the notice for the reason and the amount of rent claimed.
• If possible, pay the overdue rent within the notice period (usually 15 days).
• If you disagree, keep records and consider filing an application with the Residential Tenancy Program to dispute the notice.
• If you do not pay or move out, the landlord can apply for an eviction order.

For detailed guidance on payment obligations, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Official Eviction Application: Forms and Tribunal Process

If the notice period expires and the rent remains unpaid, the landlord can apply to the Residential Tenancy Program for a formal eviction order. The form commonly used is:

• Application to Director (Form J): Used by landlords to formally request an order requiring the tenant to vacate the unit and pay any rent owed. Download Form J here.

The Residential Tenancy Program will set a hearing date and notify you. You’ll be able to present your evidence and explain your situation.

For a complete overview of tenant and landlord roles in Nova Scotia, visit Tenant Rights and Landlord Rights in Nova Scotia.

What Happens at the Hearing?

A hearing officer reviews the case and makes a decision. If an eviction order is granted, you’ll receive written notice with the date by which you must move out. Failing to leave by this date can result in the landlord requesting the Sheriff’s Office to enforce the eviction.

Your Rights and Possible Defences

Tenants have the right to:

• Receive written notice with the proper notice period (generally 15 days for non-payment)
• Pay overdue rent to cancel the notice (if paid within the time frame)
• Attend and participate in the Residential Tenancy Program hearing
• Dispute the eviction if there are errors or valid reasons (e.g., payment was made, rent was withheld for repairs with proper notice, etc.)

For a useful summary of your basic duties after leasing a unit, see What Tenants Need to Know After Signing the Rental Agreement.

Summary: Eviction for Non-Payment of Rent—Key Points

• Your landlord cannot evict you without written notice and a formal hearing
• Paying overdue rent on time can prevent eviction
• The Residential Tenancy Program is the official body handling all disputes

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FAQ: Non-Payment of Rent and Eviction in Nova Scotia

1. Can I be evicted immediately if I miss my rent payment?
   No, your landlord must give you written notice and you have a set period (usually 15 days) to pay overdue rent or move out before eviction proceedings can begin.
2. What form must the landlord use for a non-payment eviction notice?
   The landlord must serve you with Form D: Notice to Quit—Failure to Pay Rent, available from Service Nova Scotia.
3. Can I dispute an eviction for non-payment of rent?
   Yes, you can submit evidence and arguments to the Residential Tenancy Program during the hearing if you believe the notice was issued in error or you have paid the rent.
4. If I pay my rent after getting a notice, does the eviction still proceed?
   If you pay in full within the notice period, the eviction notice can be cancelled. Payment after the deadline may not prevent eviction.
5. How do I contact the tribunal for help or information?
   You can visit the Residential Tenancy Program website or call 1-800-670-4357 for assistance.

Conclusion: What Tenants Should Remember

In summary:

• Eviction for non-payment of rent must follow the steps set out in Nova Scotia law
• You have rights to notice, time to pay, and a formal hearing
• Keeping records and responding quickly is the best way to protect your housing

Understanding the process helps you make informed decisions if you ever face financial difficulties or an eviction notice.

Need Help? Resources for Tenants

• Residential Tenancy Program (Service Nova Scotia) – Apply for hearings, download forms, and seek information
• Tenant Rights and Landlord Rights in Nova Scotia – Tenant Rights and Landlord Rights in Nova Scotia
• Legal Information Society of Nova Scotia – Free legal information and referrals
• 211 Nova Scotia – Directory of community supports and tenant help services

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1. Residential Tenancies Act (Nova Scotia)
2. Service Nova Scotia: Residential Tenancy Program
3. Form D: Notice to Quit—Failure to Pay Rent

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