Legal Reasons Landlords Can Evict Tenants in Nova Scotia

Are you renting in Nova Scotia and worried about possible eviction? Understanding the legal reasons for eviction can help you protect your rights, avoid unnecessary stress, and take the proper steps if your landlord gives you notice. In Nova Scotia, eviction rules are guided by the Residential Tenancies Act (RTA) and are enforced by the Nova Scotia Residential Tenancy Program.^[1] Let’s explore your rights as a tenant and what you need to know about evictions in this province.

Who Oversees Residential Tenancy Matters in Nova Scotia?

The Nova Scotia Residential Tenancy Program is the government body responsible for hearing applications about tenancies, eviction disputes, and enforcing the Residential Tenancies Act.^[1] For guidance, applications, and forms, visit the official program page.

What Are the Legal Reasons for Eviction in Nova Scotia?

Landlords in Nova Scotia can only evict for specific reasons permitted by law. Understanding these helps tenants assess if an eviction notice is valid. Common legal grounds include:

• Non-payment of rent: The most common reason. Landlords may serve notice if you fall behind on rent.
• Breach of lease: Such as unauthorized occupants, pets, or illegal activities.
• Repeated late payment of rent: Frequent late payments may trigger eviction.
• Property damage or interfering with others: Significant damage or disturbing the peaceful enjoyment of others can be grounds.
• Landlord's use of property: If the landlord or their immediate family needs to move in, or plans to do major renovations, evictions are sometimes permitted (with proper notice and forms).
• End of fixed-term lease: If a lease is ending and the proper non-renewal notice is given.

For a comparison of rights and rules in other provinces, see Tenant Rights and Landlord Rights in Nova Scotia.

What Notices Do Tenants Receive?

Eviction must start with appropriate written notice. Notices vary depending on the reason:

• Form C – Notice to Quit: Used for most evictions, including non-payment of rent and lease violations.
  Where to find: Official Form C
  When it's used: If the landlord claims breach of lease (like unpaid rent or damage), you may receive this form. For example, if your rent is 15 days late, your landlord can serve a 15-day Notice to Quit.

Always check the details on any notice you receive—especially the effective date and the reason for termination.

What are Your Rights When Facing Eviction?

Tenants have rights throughout the eviction process:

• You can contest an eviction by applying for a hearing before the eviction date.
• The landlord must follow all the legal requirements—incorrect notices may be invalid.
• You do not have to leave immediately; eviction is a formal legal process with set timelines.

Step-by-Step: What to Do If You Get an Eviction Notice

If you receive an eviction notice in Nova Scotia, here are the main steps to protect your rights:

1. Check the Reason. Confirm that the notice specifies a valid legal reason under the RTA.
2. Review the Notice Period. For non-payment, you usually get at least 15 days. For other reasons, it may be 1–3 months.
3. Respond in Writing. Communicate promptly with your landlord if you plan to remedy the issue (such as paying overdue rent).
4. Apply to the Tenancy Program (if disputing). Use Form K – Application to Director to formally dispute the eviction.^[2]
5. Attend the Hearing. Present your evidence to the Residential Tenancy Program. The Director will decide whether the eviction is justified.

Eviction laws are there to protect both you and your landlord. For more information on your responsibilities as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What If You Need to Move Before the Lease Expires?

If circumstances require you to leave your rental early, it’s important to follow the correct notice procedures to avoid penalties. For details, check What to Do If You Need to Leave Your Rental Before the Lease Expires.

You can also Find rental homes across Canada on Houseme if you need a new place quickly.

FAQs about Eviction in Nova Scotia

1. Can my landlord evict me without notice?
   No, a landlord must give you proper written notice as required by the Residential Tenancies Act. Immediate eviction is only possible in rare emergency cases and usually requires tribunal approval.
2. How much notice do I get for non-payment of rent?
   For non-payment, landlords generally must give at least 15 days' written notice (Form C – Notice to Quit). You can still stop the eviction by paying all rent owed within those 15 days.
3. What can I do if I believe the eviction is unfair?
   You can apply for a hearing with the Nova Scotia Residential Tenancy Program using Form K – Application to Director. If you succeed, the eviction may be overturned.
4. Is it legal for my landlord to evict me for requesting repairs?
   No, it is unlawful retaliation for your landlord to evict you because you requested necessary repairs or maintenance.
5. What happens if I don't move out by the eviction date?
   If you stay past the eviction date, the landlord must apply to the program for an Order for Vacant Possession before the sheriff can remove you. You can still dispute the eviction at this stage but should seek advice immediately.

Conclusion: Key Takeaways for Nova Scotia Tenants

• Eviction must always be for a legal reason and with written notice.
• If you receive a notice, act quickly to confirm your rights and explore your options.
• The Nova Scotia Residential Tenancy Program is your main resource for disputes and support.

Knowing your rights strengthens your position as a tenant and helps you navigate any eviction process confidently.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancy Program: Provincial Information & Applications
• Legal Information Society of Nova Scotia: Tenant Resources & Info
• Dalhousie Legal Aid Service: Free Legal Advice for Tenants
• Browse apartments for rent in Canada: Houseme

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1. Nova Scotia Residential Tenancies Act: Download official RTA PDF
2. Nova Scotia Residential Tenancy Applications & Forms: Form K and Form C via government portal

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