Illegal Lease Clauses and Tenant Rights in Nova Scotia

As a tenant in Nova Scotia, understanding which lease clauses are illegal can help you protect your rights and ensure a fair rental experience. Every province in Canada has laws about what can and cannot be included in a rental agreement, and Nova Scotia is no exception. This article explains common illegal clauses, what makes them unlawful, and what you can do if you spot them in your lease.

Who Oversees Tenancy Laws in Nova Scotia?

Residential tenancy issues in Nova Scotia are governed by the Residential Tenancies Act and managed by the Residential Tenancy Program within Service Nova Scotia and Internal Services^[1][2].

What Is an Illegal Lease Clause?

An illegal lease clause is a rule or condition in your rental agreement that contradicts Nova Scotia law. Even if you sign a lease with an unlawful term, that clause cannot be enforced against you.

Examples of Illegal Lease Clauses in Nova Scotia

Here are some common examples of lease provisions that are not permitted under the Residential Tenancies Act:

• Waiving tenant rights: Any clause that asks you to give up rights protected by law (such as the right to notice before eviction or repairs) is illegal.
• Security deposits over one month’s rent: Landlords cannot ask for more than one month's rent as a damage or security deposit.
• “No pets” clauses: In most cases, a lease cannot forbid pet ownership, unless the building is a condominium with enforceable bylaws or there are reasonable safety or allergy concerns.
• Automatic eviction clauses: The landlord must always follow the formal eviction process; a lease clause saying tenants will be evicted immediately for certain conduct is not enforceable.
• Unreasonable entry: Terms allowing the landlord to enter without proper notice (24 hours, except in emergencies) violate your rights.
• Excessive late fees: Only reasonable late fees may be charged, as set by law.
• Non-refundable deposits: Charges labeled as non-refundable deposits (beyond the legal security deposit) are not allowed.

For more details on what landlords and tenants are each responsible for, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Makes a Clause Illegal?

Clauses are illegal if they try to override tenant protections in provincial law or force tenants to pay extra, unreasonable fees. If you’re offered a rental agreement with such terms, you have the right to request that they be removed before signing.

Official Forms for Nova Scotia Tenants

The Service Nova Scotia Residential Tenancy Program provides official forms to help tenants correct or challenge illegal lease clauses. Some key forms include:

• Form C: Application to Director – Use this if you need to request a decision about an illegal lease clause, like an excessive deposit or unfair eviction threat. Find the form and instructions here: Apply for an Order from Director of Residential Tenancies – Form C.
  For example: If your landlord refuses to return a security deposit or insists on an eviction without proper notice, you can fill out Form C and submit it to the program.
• Form K: Application to Set Aside Termination – If your landlord issues a notice to terminate your tenancy based on an illegal lease clause, use this form to dispute it. Details available here: Form K – Apply to Set Aside Order.
  Example: Tenant receives a termination notice for having a pet, but the “no pets” clause is not enforceable by law.

Always be sure to read the form instructions carefully and provide all supporting documents.

What Should Tenants Do If They Find an Illegal Clause?

If you see something questionable in your agreement, take these steps:

• Politely ask your landlord to remove or revise the unlawful clause before signing.
• If already signed, write to your landlord and explain that the clause isn’t allowed under the Residential Tenancies Act.
• If the landlord insists on enforcing the clause, submit an Application to Director (Form C) to resolve the dispute.
• Document all conversations and keep copies of your lease and any correspondence.

Important: Your Other Rights and Common Issues

Illegal clauses can often pop up in other problem areas, such as unreasonable rent increases, improper repairs, or unsafe living conditions. If you’re facing multiple challenges, browse our advice on Common Issues Tenants Face and How to Resolve Them and see Tenant Rights and Landlord Rights in Nova Scotia for a full overview.

Additional Resources for Rentals and Listings

Looking for a new rental home in Nova Scotia or across the country? Find rental homes across Canada on Houseme with the latest secure listings, helpful search tools, and supportive guides for your next move.

FAQ: Illegal Lease Clauses and Tenant Rights in Nova Scotia

1. Can a landlord include a "no pets" clause in my Nova Scotia lease?
   Generally, landlords cannot prohibit pets except in special cases, such as condos with specific bylaws or legitimate health concerns.
2. What should I do if I’ve already signed a lease with an illegal clause?
   You can challenge the clause through written communication or apply to the Residential Tenancy Program using the appropriate forms—it’s not legally enforceable, even if you signed.
3. Is it legal for landlords to require more than one month’s rent as a deposit?
   No, Nova Scotia law allows only one month’s rent for a security deposit, and any demand above this is not permitted.
4. How do I make a complaint about an illegal lease term?
   Submit Form C to the Residential Tenancy Program for a review and resolution.
5. Where can I get more help with lease disputes?
   Contact the Residential Tenancy Program or tenant support groups listed below for guidance.

Conclusion: Key Takeaways for Nova Scotia Tenants

• Nova Scotia law overrides illegal or unfair lease clauses—even if they were signed.
• You have options: Notify your landlord, document concerns, and apply to the Residential Tenancy Program using the proper forms.
• Review your rights regularly, and don’t hesitate to seek help when you need it.

Understanding your lease helps you prevent future problems and ensures you receive the protections the law intends.

Need Help? Resources for Tenants

• Residential Tenancy Program (Service Nova Scotia): Official Landlord and Tenant Services – Offers forms, guides, and dispute applications.
• Dalhousie Legal Aid Service: Dalhousie Legal Aid Tenant Services – Free legal help and advocacy for low-income tenants.
• Nova Scotia Tenants Rights and Advocacy: Visit community centers or legal clinics in your area.
• Review your legal protections at Tenant Rights and Landlord Rights in Nova Scotia.

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1. Residential Tenancies Act, Nova Scotia: Full Text of Residential Tenancies Act
2. Service Nova Scotia and Internal Services: Residential Tenancy Program Official Page

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