Eviction Over Pets in Nova Scotia: Tenant Actions & Rights
If you’re a tenant in Nova Scotia and your landlord has threatened eviction because of your pet, it’s important to understand your rights and the steps you can take. Nova Scotia’s laws treat pet-related evictions with specific rules under the Residential Tenancies Act, so you don’t have to face this situation alone. This guide outlines your legal protections, official procedures, and where to get help.
Understanding Pet Clauses and Eviction Rules in Nova Scotia
Nova Scotia’s Residential Tenancies Act governs landlord and tenant relationships, including rules about pets. Many landlords include a 'no pets' clause in the lease, but in practice, not all pet-related evictions are enforceable without specific reasons.
- If your lease bans pets, a landlord can request removal, but eviction isn’t always automatic unless your pet causes serious disturbances or damage.
- Service animals, such as guide dogs, are usually protected by human rights laws and cannot be grounds for eviction.
- Landlords must follow the legal eviction process—they cannot force you out without proper notice and a hearing.
For more information on your overall rights as a tenant, see Tenant Rights and Landlord Rights in Nova Scotia.
When Can a Landlord Seek Eviction Over a Pet?
Common scenarios include:
- Your pet is causing significant damage to the property.
- Repetitive noise or nuisance issues affecting neighbours.
- Prohibited pets are present despite a clear pet ban in your lease.
Even with a no-pet clause, a landlord must provide written notice and follow the necessary eviction processes as set out by the Nova Scotia Residential Tenancies Program, part of Service Nova Scotia and Internal Services (official site).
How Does Eviction Over a Pet Work in Nova Scotia?
If your landlord wants to evict you over a pet issue, they must:
- Give you a written notice stating the reason (for example, Form D – Notice to Quit by Landlord, or Form E – Notice to Quit for Material Breach of Statutory Condition).
- File an Application to the Director (if you don’t move out or fix the problem within the notice period).
- Attend a complaint hearing before eviction is finalized.
Relevant Official Forms
- Form D – Notice to Quit by Landlord (for cause): Used when a landlord wants to end tenancy for reasons such as disruption or damage by a pet.
Access: Download Form D (PDF) - Form J – Application to Director: Used if there is a dispute or if you do not move out after being issued the notice. The landlord applies to have the Director order your eviction.
Access: Download Form J (PDF)
Example: If you're told to remove your cat for noise complaints but believe your pet isn’t the problem, your landlord must issue a Form D. If you do not move out and disagree, you can present your case at a hearing after the landlord completes Form J.
What Should Tenants Do If Facing Eviction Over a Pet?
Taking prompt, informed action can help protect your housing:
- Review your lease for specific pet clauses.
- Respond in writing to your landlord and address concerns (e.g., offer to resolve noise or repair damage).
- Gather supporting evidence (photos, vet documents, neighbour statements).
- Attend any scheduled hearing with the Residential Tenancies Program and present your side.
- Seek mediation or legal support if you feel your eviction is unfair, especially for service animals.
Understanding your rights and obligations is crucial during this process. For broader legal responsibilities, check Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Action Steps If You Receive a Pet-Related Eviction Notice
- Do not move out unless ordered by the Residential Tenancies Director after a hearing.
- File a response or counter-application if you disagree with the notice (you can use Form J as a tenant as well).
- Keep written records of all communication and evidence regarding your pet.
- Contact tenant support agencies or legal aid for advice.
Key Reminders and Tenant Tips
- Service and support animals cannot be unfairly restricted.
- Pet-related issues do not always lead to an automatic eviction.
- Only the Residential Tenancies Program can legally order an eviction.
You can Search pet-friendly rentals on Houseme.ca if you want to move on your own terms.
FAQ: Nova Scotia Tenants & Pet Evictions
- Can I be evicted just for having a pet?
In most cases, a landlord may request removal if your lease prohibits pets, but eviction usually requires more—such as disturbance or damage. The process must follow the Nova Scotia Residential Tenancies Act. - What happens if my service animal is the issue?
Service animals are protected by law. Landlords generally cannot evict you solely for having a legitimate service animal, regardless of lease clauses. - How do I challenge a pet eviction notice?
You should stay in your home, gather evidence, and bring your concerns to the Residential Tenancies office for a hearing. A Director will make a decision after hearing both sides. - Do I have to pay rent while disputing a pet eviction?
Yes, tenants must continue to pay rent while any eviction dispute is ongoing, unless ordered otherwise by the Director. - Who handles tenant-landlord disputes in Nova Scotia?
The Residential Tenancies Program (Service Nova Scotia) hears and decides on these disputes. Find out more on their official government website.
Key Takeaways
- Landlords cannot evict tenants over pet issues without following proper legal steps.
- Pet-related evictions often require proof of disruption or damage.
- Know your rights and use official channels to dispute unfair evictions.
Need Help? Resources for Tenants
- Residential Tenancies Program (Nova Scotia): Contact information, forms, and guides
- Nova Scotia Human Rights Commission (for service animal protections)
- Legal Aid Nova Scotia: 1-877-424-1177
- Tenant support organizations (local community legal clinics or tenant advocacy groups)
- See Tenant Rights and Landlord Rights in Nova Scotia for full details on your legal protections
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