How to File Evidence for an LTB Hearing in Nova Scotia

If you're a tenant in Nova Scotia dealing with a dispute—such as over unpaid rent, eviction, or repair issues—you may need to attend a hearing before the province's residential tenancy board. Knowing how to file evidence properly can make a significant difference in resolving your issue effectively and fairly.

Understanding Tenancy Hearings in Nova Scotia

In Nova Scotia, the official body that handles residential tenancy disputes is the Residential Tenancy Program. Disputes may involve rent, maintenance, deposits, and evictions. Before the hearing, both tenants and landlords have a right to submit evidence to support their case. This guide explains the process and the forms you'll need under the Residential Tenancies Act (Nova Scotia)¹.

What Is Evidence and Why Does It Matter?

Evidence includes any documents, photos, receipts, emails, text messages, condition inspection reports, or witness statements that help prove your side of a tenancy dispute. Properly filed evidence can help the Residential Tenancy Officer understand your circumstances and make a fair decision.

Required Forms and Official Procedures

Application to Director Form (Form J)

• When it's used: Tenants use Form J - Application to Director to start a dispute resolution process, such as contesting an eviction or asking for repairs.
• How it's used: Explain your complaint and attach any supporting documents. Once submitted, you'll get a hearing date and instructions for providing evidence.

Notice of Hearing and Evidence Filing Process

• After submitting Form J, you'll receive a Notice of Hearing (includes details on date, time, and location—usually virtual or by phone).
• The Notice will outline evidence filing deadlines. Typically, evidence must be delivered to both the Residential Tenancy Program and the landlord or their representative at least five days before the hearing.

How to File Evidence

Gather all your documents and organize them clearly. File your evidence as follows:

• Email: Attach your materials to an email and send them to the Residential Tenancy office (email listed on your Notice) and your landlord.
• In Person: Bring printed copies to your local Access Nova Scotia office and submit them to the Residential Tenancy clerk. Make extra copies for the landlord.
• Mail/Fax: You may also send your documents by mail or fax, as instructed on your Notice of Hearing.

Practical Examples for Tenants

• If you are disputing a rent increase: Include a copy of the notice you received and past rent payment records.
• For repair issues: Submit before-and-after photos, written requests for repairs, and any responses you received.
• Security deposit claims: Provide a copy of your lease, deposit receipts, and condition inspection reports.

For a broad overview of your rights, visit Tenant Rights and Landlord Rights in Nova Scotia.

Deadlines and What Happens Next

Missing filing deadlines can harm your case. If your evidence is late, the Tenancy Officer might not consider it. After filing, be prepared to attend your hearing, answer questions, and refer to your evidence as needed. Hearings often happen by phone, so organize your papers for quick reference.

Common Evidence Tenants Use

• Rental agreements and leases
• Photos, videos documenting issues
• Copies of letters/emails with landlord
• Receipts for repairs or payment
• Statements from witnesses if applicable

Want to learn more about routine repairs and your responsibilities? See Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

For those searching for a new rental home or moving to a new location, you can Find rental homes across Canada on Houseme.

FAQ: Evidence and Tenancy Hearings in Nova Scotia

1. What type of evidence is most helpful for a tenancy hearing? Photos, written correspondence, payment receipts, and copies of your lease are typically most helpful to demonstrate your claims.
2. Can I submit evidence after the deadline? Evidence submitted late is generally not accepted unless you can show a very good reason for the delay to the Tenancy Officer.
3. How do I know if my evidence was received? You should request a confirmation of receipt via email or ask the clerk at Access Nova Scotia; always keep a copy of your sent materials.
4. Is witness testimony allowed in Nova Scotia tenancy hearings? Yes, you can invite witnesses to the hearing, and written statements may be accepted, but it’s best to check with the Residential Tenancy Officer in advance.
5. Where can I find official forms and more information? Official forms and detailed instructions are on the Nova Scotia Residential Tenancy Program website.

Conclusion and Key Takeaways

• Submit all evidence by the required deadline to both the Tenancy Program and your landlord.
• Use clear, organized documents, and supporting materials to strengthen your case.
• Check the official government resources for forms and hearing information.

Need Help? Resources for Tenants

• Residential Tenancy Program (Nova Scotia): Nova Scotia Residential Tenancy Program, Phone: 1-800-670-4357
• Dalhousie Legal Aid Service: Free legal help for eligible tenants
• Access Nova Scotia: Find your local office for in-person help

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1. Residential Tenancies Act (Nova Scotia)
2. Nova Scotia Residential Tenancy Program – Dispute Resolution

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