How to Appeal an Eviction Order in Nova Scotia: Tenant Guide

If you’ve received an eviction order in Nova Scotia, it can feel overwhelming. But you have rights and options under Nova Scotia law. This article explains, in clear steps, how tenants can appeal an eviction order, what forms to use, timeframes to respect, and key tips to strengthen your case.

Who Handles Eviction Appeals in Nova Scotia?

Residential tenancy issues, including evictions, are managed by the Nova Scotia Residential Tenancies Program. Appeals of eviction orders are ultimately heard by the Small Claims Court if you disagree with a Residential Tenancy Officer’s decision.

What is an Eviction Order?

An eviction order is a formal decision by a Residential Tenancy Officer requiring a tenant to leave the rental unit by a specified date. These orders are issued after a landlord’s application, often due to non-payment of rent, substantial breaches of the lease, or other valid reasons under Nova Scotia’s Residential Tenancies Act^[1].

Can Tenants Appeal an Eviction Order?

Yes. As a tenant, you have the right to appeal an eviction order. There is a strict deadline: appeals must be filed within 10 days of the order being served on you. Missing the deadline means losing your right to challenge the eviction decision.

How to Appeal an Eviction Order in Nova Scotia: Step-by-Step

Here’s a simplified guide to the process:

• Understand your order and appeal deadline.
• Complete the necessary appeal forms.
• File your appeal with the correct court.
• Notify your landlord as required.
• Prepare for your court hearing with supporting evidence.

Let’s look at these in more detail below.

Step 1: Review the Eviction Order

Carefully read the eviction order sent by the Residential Tenancy Officer. It should outline:

• The reason for eviction
• The move-out date
• Your right to appeal and the deadline

Step 2: Obtain and Complete the Appeal Form

To appeal, you must complete “Form K – Notice of Appeal” (download here). This form is used by tenants (or landlords) to formally challenge a Residential Tenancy Officer’s decision, including eviction orders.

• When to use it: If you believe the eviction order was incorrect or unfair.
• How to use it: Fill out the required details, including the date of the original order and the grounds for your appeal. Example: If you were evicted for alleged non-payment of rent but have proof of payment, explain this in your appeal.

You will need to attach a copy of the eviction order to your appeal form.

Step 3: File Your Appeal with the Right Court

Appeals are filed at the Nova Scotia Small Claims Court. You must bring your completed Form K, along with the required fee and documents, to the clerk’s office in your judicial district. Keep a copy for your records.

Step 4: Notify Your Landlord

Once you’ve filed your appeal, provide a copy of the appeal and the hearing date to your landlord as soon as possible. This is necessary so both parties can prepare for the court hearing.

Step 5: Prepare for Your Hearing

Gather any supporting evidence you wish the court to consider. This might include:

• Receipts or proof of rent payment
• Photos documenting property condition
• Written communication with your landlord

At your hearing, the court will review both parties’ evidence before making a final decision.

What Happens After You File an Appeal?

Filing your appeal puts the eviction on “hold” until the Small Claims Court has decided your case. You do not have to move out while your appeal is being heard, unless the court decides otherwise.

Understanding your Tenant Rights and Landlord Rights in Nova Scotia can help you prepare and present your case effectively.

Related Issues: What Else Tenants Should Know

Appealing an eviction often goes hand-in-hand with understanding other rights and responsibilities. Review your lease, communication with your landlord, and tenancy obligations. For a broader view of what’s expected of tenants and landlords, check out Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For anyone searching for a new place during or after their appeal, you can Find rental homes across Canada on Houseme to compare available listings in Nova Scotia or elsewhere.

FAQs: Eviction Appeals in Nova Scotia

1. How long do I have to appeal an eviction order in Nova Scotia?
   You must file your appeal within 10 days of being served the eviction order.
2. Where do I file my eviction appeal?
   Appeals are filed at the Nova Scotia Small Claims Court in your local area.
3. Can I stay in my rental unit while the appeal is ongoing?
   Yes, your eviction is paused while the appeal is being considered by the court, unless the court orders otherwise.
4. What if I miss the appeal deadline?
   If you do not appeal within 10 days, the eviction order will stand and you must vacate the rental by the date set out in the order.
5. Do I need legal representation for the appeal?
   No, but legal advice or advocacy support can help you present your case more effectively.

Conclusion: Key Takeaways

• Tenants in Nova Scotia have the right to appeal an eviction order within 10 days.
• Use Form K and file your appeal at the Small Claims Court.
• Stay in your home during the appeal process, unless instructed otherwise by the court.

Review your rights and gather evidence early to prepare a strong appeal.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancies Program – Information and application forms
• Nova Scotia Small Claims Court – Locations and contact details
• Legal Aid Nova Scotia: https://www.nslegalaid.ca/
• Tenant advocacy: Dalhousie Legal Aid Service – https://www.dal.ca/faculty/law/dlas.html

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1. Residential Tenancies Act (Nova Scotia)
2. Nova Scotia Residential Tenancies Program
3. Nova Scotia Small Claims Court

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