Legal Steps to Evict a Roommate in Nova Scotia

If you share your rental home in Nova Scotia and need to remove a roommate, the process can seem overwhelming. Evicting a roommate is different from ending a landlord-tenant relationship; it requires careful attention to the law, clear communication, and the right forms. This guide will walk you through each step, highlighting your rights, responsibilities, and the resources to help you.

Roommate Evictions in Nova Scotia: Understanding the Basics

Most roommate situations in Nova Scotia fall into one of two legal categories:

• Co-tenants: Both tenants signed the lease directly with the landlord. Each has rights and responsibilities under the lease and the Residential Tenancies Act.
• Occupants or subtenants: Only one person is on the lease (the "primary tenant"). The roommate may rent from the primary tenant with or without landlord approval.

The process you must follow depends on which of these situations applies. Resolving roommate disputes directly and respectfully is best, but if eviction is necessary, there are legal procedures you must follow.

Evicting a Co-Tenant vs. a Non-Lease Holder

Co-tenants usually can't evict each other, since both are equally responsible for the rental unit. Eviction in this scenario typically isn't possible unless the landlord is involved and the entire tenancy ends. For issues like unpaid rent or property damage, the landlord may serve all co-tenants with notice.

For roommates not on the lease (e.g., subtenants), you — as the primary tenant — act somewhat like a landlord. You must follow eviction procedures similar to those a landlord uses.

Step 1: Communicate and Try to Resolve the Issue

Before starting a formal process, try to talk things over. Put your concerns in writing and propose possible solutions. Sometimes, a simple discussion can lead to a voluntary agreement to move out.

Step 2: Give Written Notice to End the Roommate Agreement

As a primary tenant (acting as a landlord to your roommate), provide written notice. Use Nova Scotia's official Form DR5: Notice to Quit:

• Form Name & Number: Notice to Quit (Form DR5)
• When Used: When you want your roommate to move out for reasons such as unpaid rent, damaging the unit, or serious conflict.
• How to Serve: Give your roommate written notice that clearly states the reasons and the date their tenancy ends. For most terminations, at least one rental period's notice is required. For certain issues (like illegal activity or safety concerns), shorter notice may be allowed.
• Download Form DR5: Notice to Quit (PDF, Government of Nova Scotia)

Your written notice must follow the requirements of the Residential Tenancies Act (Nova Scotia). Some reasons for eviction require specific documentation.

Step 3: If Your Roommate Refuses to Leave

• If your roommate doesn't move out by the date on the Notice to Quit, you (as the primary tenant) must apply for a formal hearing before you can remove them.
• Use Form DR6: Application to Director.
• Form Name & Number: Application to Director (Form DR6)
• When Used: When your roommate ignores your Notice to Quit and remains in the unit.
• How to Use: Submit the form to the Residential Tenancies Program (NS government) for a hearing. A hearing officer will decide whether your roommate must leave.
• Download Form DR6: Application to Director (PDF, Government of Nova Scotia)

Never lock a roommate out, remove belongings, or change the locks without an order from the Residential Tenancies Program — doing so is illegal and could result in penalties.

Tenant Rights and the Eviction Process

All tenants in Nova Scotia have fundamental rights and protections. The Tenant Rights and Landlord Rights in Nova Scotia page provides a detailed overview of those rights, including security deposit rules, notice periods, and dispute resolution options.

Familiarizing yourself with Obligations of Landlords and Tenants: Rights and Responsibilities Explained can help you understand your legal position throughout the process. You are protected from unlawful eviction, harassment, or discrimination.

Common Reasons to Evict a Roommate

• Failure to pay their share of rent
• Serious damage to the rental property
• Repeated disruptive behaviour
• Illegal activity in the rental unit
• Breach of agreed roommate arrangements

Not all situations justify eviction, so it's important to document what happened, keep copies of all communications and notices, and follow official channels.

Finding a New Roommate

Once your current roommate leaves, you may need someone new to share the space. When setting expectations and agreements, consider best practices like a written roommate agreement and thorough screenings. For more resources to help you find new tenants or roommates, Explore Houseme for nationwide rental listings and connect with trusted renters from across Canada.

Frequently Asked Questions

1. Can I evict my roommate if we're both on the lease in Nova Scotia?
   If both of you are co-tenants under the lease, you generally cannot evict your roommate without terminating the whole tenancy or involving the landlord. The Residential Tenancies Program handles landlord-tenant disputes, not interpersonal roommate disagreements between co-tenants.
2. What should I do if my roommate refuses to leave after being served notice?
   If your roommate remains after receiving the Notice to Quit, you must file Form DR6: Application to Director with the Residential Tenancies Program to request a hearing. Do not attempt lockouts or self-eviction.
3. Is there a fee to file the Application to Director (Form DR6)?
   Yes, there is a small application fee (subject to change each year). Fee waivers may be available in cases of financial hardship. Check the official Nova Scotia Residential Tenancies website for current rates and waiver forms.
4. Do I need my landlord's permission to evict my subtenant or roommate?
   If your roommate is not on the lease and is considered your subtenant, you do not need the landlord's permission to start procedures. However, your lease may have specific rules about subletting or additional occupants.
5. How much notice do I need to give my roommate to move out?
   The amount of notice depends on the issue: typically, at least one rental period is required for most reasons, but shorter notice applies in urgent situations (e.g., illegal activity).

Conclusion: Key Takeaways

• Know whether your roommate is a co-tenant or subtenant; the process is different for each.
• Always use the correct forms (Form DR5 to give notice, Form DR6 to apply for a hearing if needed).
• Keep written records of every step and follow the process under Nova Scotia's Residential Tenancies Act to protect your rights.

Need Help? Resources for Tenants

• Residential Tenancies Program (Nova Scotia) — Provincial authority for tenant and eviction questions, including forms and dispute resolution.
• Toll-Free Information: 1-800-670-4357 (Service Nova Scotia)
• Legal Information Society of Nova Scotia: Free tenant rights guidance and resources
• Visit Tenant Rights and Landlord Rights in Nova Scotia for a full overview of rights and responsibilities.
• Learn about key landlord and tenant legal obligations with Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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1. Nova Scotia Residential Tenancies Program: Official program and forms
2. Nova Scotia Residential Tenancies Act

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