Legal Ways to Delay an Eviction in Nova Scotia

If you’re facing eviction in Nova Scotia, understanding your rights and lawful options is essential. This guide explains how tenants can delay an eviction legally, which official steps may help, and how to access support. If you want to avoid losing your home, staying informed and acting quickly is the best way to protect yourself during the eviction process.

Overview of Eviction Law in Nova Scotia

Evictions in Nova Scotia are governed by the Residential Tenancies Act[1]. The Residential Tenancy Program, run by Access Nova Scotia, handles tenancy disputes and applications. For official guidance and forms, tenants can visit the Residential Tenancy Program.

Landlords must follow strict legal steps before evicting a tenant. This usually involves serving the correct notice and, if the tenant does not leave, applying for an eviction order from the program.

Common Reasons for Eviction and Notice Procedures

In Nova Scotia, landlords can give notice for reasons such as unpaid rent, lease breaches, or for landlord’s own use. The notice served must match the reason:

• Non-payment of rent: 15-day notice (Form D)
• Lease violation: 15-day notice (Form E)
• Landlord’s use or renovations: Minimum 3 months’ notice

These forms must be delivered in person, posted, or sent via mail.

How to Lawfully Delay an Eviction in Nova Scotia

If you wish to delay or challenge an eviction, certain actions are both legal and effective. Here are the main strategies you can follow:

1. Respond to the Eviction Notice Promptly

As soon as you get an eviction notice, check its details. If you disagree or believe your landlord made a mistake:

• Confirm the notice reason (e.g., non-payment, breach of lease, or landlord’s personal use)
• Check the timing and delivery method (the form must match required deadlines)

If there is a mistake or you have a legal defense, you may file an application to dispute the eviction.

2. File an Application to the Residential Tenancy Program

You can challenge the eviction by applying for a hearing. Here are some key forms and their uses:

• Form J – Application to Director: Used when a tenant wants to dispute an eviction notice or other landlord action.
  Example: If you’re given a Form D notice for unpaid rent but you disagree (e.g., you’ve already paid), submit Form J to request a hearing before an eviction can go ahead. Download and file Form J – Application to Director.
• Form K – Request for Review: If you lose a hearing, you can use this form to request a review within 10 days of the order.
  Example: If the director has issued an eviction order but you have new evidence or believe a mistake was made, submit Form K. Get Form K – Request for Review.

During the review period, the eviction is temporarily halted.

3. Pay Rent or Fix the Lease Breach (If Possible)

For eviction due to unpaid rent or another lease breach, fixing the problem might stop the process:

• Pay all overdue rent plus any fees before the effective date on the notice
• Rectify the breach if it’s something you can address (e.g., remove a pet if pets are not allowed)

If you cure the issue in time, the eviction is cancelled.

4. Request More Time for Exceptional Circumstances

You can ask the Residential Tenancy Program for an extension under exceptional hardship (like illness or disability). Include any medical or personal documents to support your request when applying for your hearing.

Always attend your Residential Tenancy hearing—even if you are seeking an extension or review. Missing your hearing could result in an immediate eviction order.

What Happens After a Hearing or Order?

If the hearing sides with the landlord, you will receive an Eviction Order specifying your move-out date. You may still request a review (using Form K) within 10 days. Only the sheriff, acting under a court order, can physically remove you if you remain after the deadline.

For more on your legal rights and responsibilities during a tenancy, visit Tenant Rights and Landlord Rights in Nova Scotia.

Tips to Reduce the Risk of Eviction

• Pay rent on time every month. See Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips
• Communicate openly with your landlord if you anticipate a problem
• Document all communication in writing
• Keep copies of your lease, notices, and receipts

Managing your tenancy responsibly can help prevent eviction issues in the future.

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Frequently Asked Questions: Nova Scotia Eviction Delays

1. What is the fastest way to delay an eviction in Nova Scotia?
   Submit Form J to request a hearing as soon as you receive a notice. This stops the eviction process until a Residential Tenancy Officer makes a decision.
2. Can a landlord evict me without a hearing?
   No. Unless you voluntarily leave after the notice period, a landlord must apply for an eviction order, and you have the right to a hearing first.
3. How long does it take for an eviction to be enforced?
   After a hearing, the director issues an order with a move-out date. If you don't leave, the landlord can involve the sheriff after this date. Reviews can add another 10 days or more.
4. What if I need more time due to medical reasons?
   Explain your situation on Form J or at your hearing. The program may grant an extension in cases of serious illness or extreme hardship.
5. What are my rights if I paid the rent after the notice?
   If you pay the rent in full before the notice expires, the eviction is cancelled and you may continue your tenancy.

Key Takeaways

• File the correct application form quickly to challenge an eviction
• Pay overdue rent or fix breaches before the notice period ends to cancel eviction
• You have the right to a fair hearing—use it to explain your case and request extra time if needed

Understanding the official process and acting fast are the best ways to lawfully delay eviction in Nova Scotia.

Need Help? Resources for Tenants

• Residential Tenancy Program, Nova Scotia – submission forms, contact info, and services
• Read the Residential Tenancies Act (Nova Scotia)
• Access Nova Scotia Phone: 1-800-670-4357
• Legal Information Society of Nova Scotia: legalinfo.org
• Tenant assistance: Local community legal clinics or advocacy organizations in your area

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1. [1] Residential Tenancies Act (Nova Scotia)
2. [2] Residential Tenancy Program – Access Nova Scotia

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