How Tenants Can Appeal a Residential Tenancy Decision in Nova Scotia

If you're a tenant in Nova Scotia and disagree with a decision from the Residential Tenancy Program (sometimes called the 'LTB' in other provinces), you have important rights to challenge this outcome. Appealing a tenancy decision can feel overwhelming, but knowing each step puts you in control of your living situation. This guide explains your options for appeal, the necessary forms, and what to expect during the process, all in plain language for Nova Scotia tenants.

Understanding Residential Tenancy Decisions in Nova Scotia

Tenant–landlord disputes in Nova Scotia are resolved by the Residential Tenancy Program, which acts as the tribunal responsible for renting matters, such as eviction, repairs, termination, and return of deposits. If you receive a decision that you disagree with, you have a chance to ask for a review and, if necessary, take your case further.

Relevant Legislation

The key law governing rights and dispute resolution is the Residential Tenancies Act (Nova Scotia)^[1]. This law lays out timelines, procedures, and tenant/landlord obligations.

When You Can Appeal – And What to Consider

You may want to appeal a decision if you believe the hearing officer made a mistake, did not have all the evidence, or applied the law incorrectly. Appeals are possible for matters like eviction orders, deposit disputes, or maintenance issues.

• You must act quickly—strict timelines apply.
• Most appeals are made to the Nova Scotia Small Claims Court.
• You may need to gather evidence supporting your case, such as photographs, receipts, or written correspondence.

For a refresher on typical deposit disputes and your rights in Nova Scotia, see Understanding Rental Deposits: What Tenants Need to Know.

Appealing a Decision: The Timeline and the Forms

Strict Deadline: You have 10 days after receiving the written decision to file your appeal with the Small Claims Court.

• Form: Application to Appeal – "Notice of Appeal" (no official number, but required by Small Claims Court)
• Where to get it: Obtain an official Notice of Appeal form here (select "Notice of Appeal" under Small Claims Court forms)
• Where to file: Submit it in person or by mail to the Small Claims Court office covering the area where your rental is located. Include a copy of the original tenancy decision.

Practical Example: If you are a tenant in Halifax and the Residential Tenancy Officer orders you to vacate due to alleged non-payment, but you disagree, you must file your Notice of Appeal with the Halifax Small Claims Court within 10 days of the decision date.

Filing Fees and Possible Waiver

• There is a fee to file your Notice of Appeal (as of 2024, $99.65). If you cannot afford the fee, you can apply for a waiver using the Application to Waive Court Fees.

Tip: Always keep copies of all documents and proof of submission. If you're unsure about your case, contacting a local tenant support agency can help clarify your options.

What Happens Next? The Appeal Hearing

Once you file your appeal, the court will schedule a date for hearing the case. Common steps include:

• Receiving a notice with your court date by mail
• Both you and your landlord can present new evidence or call witnesses
• A judge or adjudicator will make an independent decision

If you lose your appeal, you may still have limited options for a further review, but only in exceptional circumstances (e.g., legal error or procedural unfairness).

What to Know About Tenant Rights in Nova Scotia

Understanding your rights before and after a Residential Tenancy Program decision is vital. If you want a general overview, visit Tenant Rights and Landlord Rights in Nova Scotia. For more support with issues like rent increases, property repairs, or moving out, you can also consult Common Issues Tenants Face and How to Resolve Them.

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FAQ: Appealing Tenancy Decisions in Nova Scotia

1. How much time do I have to appeal a Residential Tenancy Program decision in Nova Scotia?
   You must file a Notice of Appeal with the Small Claims Court within 10 days after you receive the written decision.
2. Where can I get the Notice of Appeal form and where do I submit it?
   Get the Notice of Appeal from the Nova Scotia Courts website. Submit it to the Small Claims Court office in the area where your rental is.
3. Can I appeal an eviction order?
   Yes, eviction orders issued by the Residential Tenancy Program can be appealed within 10 days to the Small Claims Court.
4. Do I have to pay a fee to appeal?
   Yes, there is a court filing fee, but you may request a waiver if you cannot afford it by using the Application to Waive Court Fees.
5. What happens at the appeal hearing?
   At the hearing, you and your landlord can share evidence and call witnesses, and a judge or adjudicator will review the matter independently.

Key Takeaways for Tenants

• Tenants have the right to appeal Residential Tenancy decisions in Nova Scotia, but strict deadlines apply.
• Use the correct forms and submit them to the Small Claims Court promptly.
• Prepare your evidence and consider seeking tenant support services if unsure about your appeal.

Need Help? Resources for Tenants

• Residential Tenancy Program (Nova Scotia): Official dispute resolution and appeal information.
• Nova Scotia Small Claims Court: Appeal forms and process details.
• Residential Tenancies Act (Nova Scotia): Full legislation.
• Dial 211 or visit Nova Scotia 211 for local tenant advocacy contacts.

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1. See the Residential Tenancies Act (Nova Scotia).
2. For the Residential Tenancy Program Processes, visit Service Nova Scotia: Residential Tenancies.
3. Download official appeal forms and instructions from Nova Scotia Courts – Small Claims Forms.

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