Legal Fees Landlords Can Charge Before Move-In in Nova Scotia

Before you move into a new rental in Nova Scotia, it's important to know the legal limits on what your landlord can charge up front. Understanding your rights can help you avoid unexpected costs, safeguard your money, and start your tenancy with confidence under Nova Scotia’s residential tenancy laws.

What Upfront Fees and Deposits Are Allowed in Nova Scotia?

Landlords in Nova Scotia are limited by law regarding what they can require before you move in. The Residential Tenancies Act of Nova Scotia (Residential Tenancies Act) sets out these requirements to protect both tenants and landlords.

• Security deposit: Landlords can only collect a security deposit before you move in. This deposit cannot exceed half of one month’s rent (e.g., if rent is $1,000/month, the maximum deposit is $500).
• No additional upfront fees: Landlords cannot legally ask for extra advance payments such as last month’s rent, pet deposits, or “key money.” Application fees are also not allowed.
• Rent: The first payment of rent usually occurs on the date you move in or as set by your lease—never as an additional required deposit beyond the security deposit.

For an in-depth explanation about these rules, read Understanding Rental Deposits: What Tenants Need to Know.

How Does the Security Deposit Work?

The security deposit is meant to cover damage beyond normal wear and tear or unpaid rent after you move out. It must be held in trust by the landlord and returned with interest if you meet your obligations at the end of your lease.

To learn about getting your deposit back, including interest, visit How to Get Your Security Deposit Back with Interest When Moving Out.

Required Rental Forms in Nova Scotia

• Form "Standard Form of Lease" (Form P): This is the mandatory lease agreement in Nova Scotia. It must be filled out and signed before you move in. Tenants should read it carefully before signing.
  View the official Standard Form of Lease (Form P).
• Security Deposit Notice: Your landlord is required to provide written notice about the deposit, including the amount, how it will be held, and the conditions for its return. This is often included in your lease.

Steps to Ensure Your Rights as a Tenant

• Prior to paying any monies, confirm in writing (such as by email) exactly what is required and keep receipts.
• Do not pay more than half a month’s rent as a deposit or any other upfront fees.
• Request and keep a copy of the signed "Standard Form of Lease" (Form P).
• Document the condition of the unit upon moving in—photos or videos are helpful evidence.
• Should your landlord request fees outside these regulations, contact the Residential Tenancy Program for support.

Tip: Never pay cash for deposits or rent without getting a receipt! Always use traceable payment methods and keep copies of all paperwork.

What the Law Says: Key Legislation and Tribunal

The Nova Scotia Residential Tenancies Act governs all rental housing in the province. Disputes, questions, and applications are handled by the Residential Tenancy Program.

It's vital to reference Tenant Rights and Landlord Rights in Nova Scotia for more specifics on tenant protections in the province.

Starting Your Tenancy Off Right

It’s a good idea to review advice on moving into a new home and what to expect after signing a lease. See Essential Tips for Tenants When Moving Into a New Rental Home for helpful guidance.

Looking for your next place? Find rental homes across Canada on Houseme with extensive listings and helpful search tools.

Frequently Asked Questions

1. Can my landlord charge me for last month’s rent as a deposit?
   No, in Nova Scotia, landlords cannot require last month’s rent upfront. Only a security deposit (up to half a month’s rent) is allowed.
2. Are pet deposits or application fees legal in Nova Scotia?
   No, landlords cannot ask for any other deposit or upfront fee except the standard security deposit.
3. How do I make sure my security deposit is protected?
   Only give the deposit after the lease is signed, pay by cheque or e-transfer, and keep all receipts and paperwork. The landlord must provide written details on the deposit.
4. What if my landlord tries to charge illegal fees?
   Politely refuse, explain your rights, and contact the Residential Tenancy Program or a tenant support service if you need help.
5. What form do I need to sign before moving in?
   The landlord and tenant must both sign the "Standard Form of Lease" (Form P). This is the official, required contract for all residential tenancies in Nova Scotia.

Conclusion

• Landlords can only require a security deposit before move-in—never more than half a month’s rent.
• Any additional fees or deposits, including for pets or applications, are not allowed by law.
• Protect yourself by documenting payments, understanding your lease, and knowing who to contact with questions or concerns.

Your awareness of these rules provides a strong foundation for your rights and responsibilities moving into a new rental in Nova Scotia.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancy Program: Advice, complaint filing, disputes (forms, guides, process).
• Nova Scotia Residential Tenancies Act: Full legislation text.
• Nova Scotia Student Advocacy Federation: Advocacy for student tenants.
• Additional info on your rights and obligations: Tenant Rights and Landlord Rights in Nova Scotia.

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1. Nova Scotia Residential Tenancies Act: Official Legislation
2. Residential Tenancy Program: Government of Nova Scotia
3. Standard Form of Lease (Form P): Official Government Form

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