How Tenants Can Reopen a Closed LTB Case in Nova Scotia

If a tenant in Nova Scotia has lost or closed their case before the province’s Residential Tenancies Program, there are still options for reopening the matter under certain conditions. This guide explains your rights, the relevant forms, deadlines, and what you need to know about the official process for revisiting a closed case with the Residential Tenancy Officer in Nova Scotia.

Understanding Residential Tenancy Dispute Resolution in Nova Scotia

Most rental disagreements in Nova Scotia are resolved through the Residential Tenancies Program, administered by Service Nova Scotia. Whether the dispute was over unpaid rent, repairs, or eviction, once an order is made or a decision issued, tenants may sometimes wish to challenge or revisit the final outcome.

When Can a Tenant Reopen a Closed Case?

Tenants (or landlords) can apply to have a Residential Tenancy case reopened only under specific circumstances. These include:

• New evidence has come to light that was not available during the original hearing
• There was a procedural error or unfairness in how the decision was made
• The decision was made in absence—meaning you did not receive proper notice and missed the hearing

In Nova Scotia, the legislation guiding this process is the Residential Tenancies Act^[1].

Which Official Tribunal Handles These Applications?

All applications to reopen a tenancy case are handled by the Residential Tenancies Program in Nova Scotia. Disputes are managed by Residential Tenancy Officers (RTOs), not a Landlord and Tenant Board (LTB) as found in other provinces. For more information, see Tenant Rights and Landlord Rights in Nova Scotia.

Step-by-Step: How to Apply to Reopen a Case

Here’s what tenants need to do if they wish to challenge a closed order or missed decision:

• Gather Evidence: Collect any documents or facts justifying why the previous decision should be reconsidered (for example, proof you did not receive notice, or newly discovered evidence).
• Complete the Correct Form: Tenants must fill out Form J – Application to Set Aside an Order or Decision. This is commonly used to ask for a case to be reopened or reheard.
  Download Form J – Application to Set Aside an Order or Decision.
• Deadline: You must usually submit your application within 10 days from the date you received the order or decision.
• Submit Your Application: File the completed Form J at your nearest Access Nova Scotia centre or mail it to the address listed on the form, including all supporting documentation. There is no fee for this application.
• Attend the Reopening Hearing: If your request to reopen is granted, a new hearing will be scheduled. Attend with all evidence and be prepared to state your case.

Example: If you were served an eviction order but did not receive the original notice because it was sent to the wrong address, you may submit Form J with an explanation and any supporting proof. If the RTO finds merit in your claim, your case may be scheduled for a new hearing.

What Happens Next?

After submitting Form J, a Residential Tenancy Officer reviews your request. If accepted, you and your landlord will be notified of a new hearing date. Decisions from the rehearing replace the original order if they are different.

Common Reasons for Wanting to Reopen a Case

Some of the main situations where tenants ask to reopen a file include:

• Unaware of the hearing or never served documents
• Discovering key documents after the decision
• Belief that the hearing was unfair or lacked full evidence
• Clerical mistake or error in the original decision

For more guidance on challenging rental issues, see Common Issues Tenants Face and How to Resolve Them for practical tips.

Your Rights and Next Steps

Nova Scotia tenants who act quickly and follow the proper process are more likely to have their case reconsidered. Use Explore Houseme for nationwide rental listings to find secure and compliant housing options throughout Canada.

FAQ: Reopening Closed Tenancy Cases in Nova Scotia

1. What is the deadline to apply to reopen a tenancy case?
   Applications must usually be filed within 10 days of receiving the original order or decision.
2. Which form do I need to reopen a closed case?
   Tenants must use Form J – Application to Set Aside an Order or Decision.
3. Can I submit new evidence when reopening my case?
   Yes, you should include all new evidence that was unavailable during the original hearing.
4. Where do I file my application?
   Submit your form at any Access Nova Scotia office or by mail, as instructed on Form J.
5. What if I miss the deadline?
   If you miss the 10-day deadline, your application may not be considered, but you can seek advice from the Residential Tenancies Program for exceptions in rare circumstances.

Key Takeaways for Nova Scotia Tenants

• Tenants have the right to ask for a closed case to be reopened for valid reasons, but must act quickly.
• Always use official forms and submit within stated deadlines for the best chance of success.
• Stay informed of your rights—see Tenant Rights and Landlord Rights in Nova Scotia for a complete overview.

Need Help? Resources for Tenants

• Residential Tenancies Program (Service Nova Scotia) – Official dispute resolution services and forms
• Access Nova Scotia: 1-800-670-4357 – In-person and phone support for tenancy issues
• Legal Information Society of Nova Scotia – Free information and tenant guidance
• If you need broader advice, see Common Issues Tenants Face and How to Resolve Them

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1. Nova Scotia, Residential Tenancies Act – Read the full legislation
2. Residential Tenancies Program (Nova Scotia) – Official tribunal information
3. Form J – Application to Set Aside an Order or Decision – Download here

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