Landlord Entry Without Notice: Tenant Rights in Nova Scotia

If you’re renting in Nova Scotia, you have the right to peaceful enjoyment of your home. But what happens if your landlord shows up, or enters your unit, without giving proper notice? Understanding your rights can help you take informed action and protect your privacy under the law.

When Can a Landlord Enter Your Rental in Nova Scotia?

Nova Scotia’s rental laws are designed to balance a landlord’s need to access the property with your right to privacy and enjoyment. Your landlord may only enter your rental unit under specific circumstances spelled out in the Residential Tenancies Act of Nova Scotia^[1]:

• With at least 24 hours’ written notice for inspections, repairs, or to show the unit to prospective tenants or buyers
• Without notice in an emergency (e.g., fire, burst pipe, risk to life or property)
• If you give consent for them to enter
• At the end of your tenancy, with proper notice, to show the unit to others

Any entry outside these rules may violate your rights as a tenant.

What counts as “proper notice”?

Your landlord must provide at least 24 hours of written notice before entering, and the timing of the entry must be between 9 a.m. and 9 p.m., unless you agree otherwise. The notice should state the reason and estimated time of entry.

What to Do If Your Landlord Enters Without Notice

If your landlord enters your unit without proper notice and it’s not an emergency, you’re entitled to take action. Here are sensible steps you can follow:

• Document the incident as soon as possible (date, time, what happened, any witnesses)
• Communicate your concern to your landlord in writing – point out that entry without notice is not permitted under the law
• Request that all future entries follow the legal procedure
• If the behaviour continues, file a formal complaint with the provincial Residential Tenancies Program, which oversees tenancy issues in Nova Scotia

This process is the same whether you live in an apartment, condo, or rented house. Repeated, unauthorized entries could also be considered harassment or an attempt to force you out, which may have further legal consequences.

Relevant Forms for Nova Scotia Tenants

If attempts to resolve the situation with your landlord fail, you can apply to the Residential Tenancies Program for an order. Use the following form:

• Application to Director (Form D): Use this form to request a hearing or order relating to landlord conduct, including improper entry.
  Find the form and filing process on the official Nova Scotia Residential Tenancies website.
  Example: If your landlord repeatedly ignores notice rules and enters your unit without consent, submit Form D to request a Director’s Order that your landlord cease this behaviour.

Potential Consequences for Landlords

Landlords who break the entry rules can face orders from the Director, and may even owe you compensation. Consistent unauthorized entry can support a tenant’s case for ending the tenancy or seeking damages in serious cases.

If you’re also concerned about other rights, explore Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more guidance.

How This Affects Evictions

An unauthorized entry alone typically is not grounds for eviction. However, if you feel harassed or pressured to move, this could become a larger issue and may require further legal action. Review common problems and solutions in Common Issues Tenants Face and How to Resolve Them.

Where to Learn More

• Read the full Residential Tenancies Act of Nova Scotia for all tenant and landlord rules
• Get updated tenancy information and forms on the Residential Tenancies Program website

To compare how these laws stack up to other provinces, check out Tenant Rights and Landlord Rights in Nova Scotia.

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Frequently Asked Questions

1. Can my landlord enter my home without telling me first in Nova Scotia?
   Only in emergency situations can a landlord enter without notice. All other entry requires at least 24 hours’ written notice according to the Residential Tenancies Act.
2. What should I do if my landlord keeps coming into my unit without permission?
   Document every incident, communicate your concerns in writing, and if it continues, file a complaint with the Residential Tenancies Program using Form D.
3. Does my landlord have to give me a reason for entry?
   Yes. Written notice must state the reason for entry – usually for inspections, repairs, or showing the unit to new tenants.
4. Can I refuse access if the landlord’s notice is valid?
   You generally must allow reasonable access if the landlord has given proper notice for legal reasons, but you can negotiate for a different time.
5. What agency can help me if my privacy is being violated?
   The Residential Tenancies Program can review your case, hold hearings, and issue orders to address unauthorized entry.

Conclusion: Protecting Your Rights as a Nova Scotia Tenant

• Landlords must provide at least 24 hours’ written notice for non-emergency entry
• Document unauthorized entry and communicate concerns in writing
• Use official complaint forms if issues persist to protect your right to privacy

Knowing your rights and the proper steps to take ensures that you and your home are protected under Nova Scotia’s rental laws.

Need Help? Resources for Tenants

• Residential Tenancies Program (Nova Scotia Department of Service Nova Scotia) – Forms, complaints, and information
• Legal Information Society of Nova Scotia – Free information and support for tenancy issues
• For comprehensive provincial rights, see Tenant Rights and Landlord Rights in Nova Scotia

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1. Residential Tenancies Act (Nova Scotia): Read the full Residential Tenancies Act.
2. Residential Tenancies Program (Nova Scotia): Official government tenancy website.
3. Application to Director (Form D): Available from Nova Scotia's Residential Tenancies Program.

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