Navigating Eviction for Nova Scotia Tenants: Your Essential Guide

If you’re a tenant renting in Nova Scotia, facing eviction can be stressful and confusing. Understanding your rights, required processes, and where to get help is essential for protecting yourself and making informed decisions. This guide explains Nova Scotia’s eviction process, the forms involved, and how tenants can respond.

Understanding Eviction Notices in Nova Scotia

Eviction (also called "termination of tenancy") in Nova Scotia is regulated by the Residential Tenancies Act (Nova Scotia)^[1]. Your landlord must follow strict rules and timelines—even if you’re behind on rent or there are other issues involved.

• Notice to Quit is the legal name for an eviction notice in Nova Scotia.
• Different notice periods apply, depending on the reason for eviction (non-payment of rent, breach of lease, landlord’s own use, etc.).
• Eviction is not always immediate—tenants often have the right to correct certain issues or contest the notice.

For more on your general rights and obligations, see the Tenant Rights and Landlord Rights in Nova Scotia page.

Legitimate Reasons for Eviction

Landlords may only evict you for specific, legal reasons. Common grounds for eviction in Nova Scotia include:

• Non-payment of rent
• Substantial breach of lease (e.g., property damage, illegal activity)
• Personal use (the landlord or close family wants to move in)
• Major renovations or demolition (requires government approval)
• Failure to leave after lease ends, if proper legal notice was given

Eviction Process and Forms: Step-by-Step

Evictions in Nova Scotia must follow a legal process.

1. Receiving a Notice to Quit (Form C or Form D)

• Form C (Notice to Quit – For Rental Default): Used when rent is unpaid. The landlord can issue this form after rent is overdue by at least 15 days (for monthly tenancies). View the official Form C
• Form D (Notice to Quit – For Other Reasons): Used for breach of lease, landlord’s use, or other legal reasons. View the official Form D

Example: If you receive a Form C for unpaid rent, you have 15 days to pay the full amount or the landlord may apply to terminate your tenancy.

2. Correcting the Problem or Responding

• For non-payment, you may be able to stop the eviction by paying all arrears within the notice period.
• For other breaches, you might have a chance to correct the issue (such as stopping disruptive behavior).

3. Filing to Dispute the Eviction

If you disagree with the eviction or believe it isn’t justified, tenants can apply for a hearing with the provincial tribunal:

• Application to Director (Form J): Use this form to request a hearing to contest the notice of eviction. View the official Form J
• Deadline: You must apply before the date your tenancy is supposed to end (per the notice). If you miss the deadline, you may be forced to leave.

The hearing is held by the Nova Scotia Residential Tenancy Program, a branch of Service Nova Scotia that handles rental disputes and complaints.

4. Tribunal Hearing and Outcome

• Both sides (tenant and landlord) can present their case at the hearing.
• If the tribunal (Residential Tenancy Officer) sides with you, the eviction is cancelled.
• If the landlord wins, you may be given a date to vacate the property.

What Happens If You Don’t Leave?

If you refuse to move out after an eviction order, the landlord can request the sheriff to enforce removal—never ignore a final eviction order.

Eviction and Your Deposit

Your landlord cannot automatically keep your rental deposit simply because of eviction. Reasons for withholding all or part of a security deposit include unpaid rent or damages—but they must provide an itemized list. Learn more in Understanding Rental Deposits: What Tenants Need to Know.

Your Rights and Responsibilities During the Eviction Process

Throughout the eviction process, both landlords and tenants have legal obligations. Tenants should:

• Continue paying rent during the notice period
• Avoid damaging the property or violating lease terms
• Communicate respectfully with the landlord and tribunal staff

For a full summary of your duties as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Moving Out After Eviction: What to Know

If you must leave, inspect the unit together with your landlord (if possible) and get written confirmation of your move-out date. For practical advice on a smooth exit, visit Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Finding a New Place After Eviction

If you need a new home quickly, Find rental homes across Canada on Houseme—a map-based rental search across Nova Scotia and beyond. This all-in-one platform can help you secure a new place that suits your needs.

FAQ

1. Can a landlord evict me without a written notice in Nova Scotia?
   No, landlords must use an official "Notice to Quit" form and follow required timelines under the Residential Tenancies Act.
2. How can I contest an eviction order if I think it's unfair?
   You must file an Application to Director (Form J) for a hearing before the effective date on your eviction notice.
3. Do I have to pay rent after receiving an eviction notice?
   Yes. Tenants must continue paying rent until the end of their tenancy, even if they are being evicted.
4. What happens to my security deposit if I am evicted?
   The landlord can only keep your deposit for unpaid rent or damages, never as a penalty for eviction alone. See Understanding Rental Deposits: What Tenants Need to Know.
5. Where can I get help or advice about eviction in Nova Scotia?
   Contact the Nova Scotia Residential Tenancy Program or tenant advocacy services for support.

How To: Take Action When You Receive an Eviction Notice

1. How do I dispute a wrongful eviction in Nova Scotia?
   File Form J (Application to Director) before the end date on your Notice to Quit. Attach any evidence and submit to the Residential Tenancy Program promptly.
2. How do I pay overdue rent to stop an eviction?
   Pay the total arrears and inform your landlord in writing within the notice period shown on your Form C.
3. How do I prepare for a Residential Tenancy Program hearing?
   Gather all documents (lease, payment records, notices) and organize your arguments clearly. Attend the hearing as instructed.
4. How do I arrange for my deposit after moving out?
   Ensure a final inspection with your landlord and request in writing the return of your deposit, minus any legitimate deductions.

Key Takeaways for Tenants

• Eviction requires proper notice and valid reason—never leave without reviewing your legal rights.
• You have the right to dispute eviction by applying for a hearing. File on time.
• Always keep written records, pay rent during the process, and seek help if needed.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancy Program – Tenancy info, official forms, and complaint process (1-800-670-4357)
• Nova Scotia Legal Aid – Free legal advice for low-income tenants
• 211 Nova Scotia – Help finding local tenant support and resources
• For your province’s full rights, see Tenant Rights and Landlord Rights in Nova Scotia

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1. Residential Tenancies Act (Nova Scotia): Read the full Act
2. Nova Scotia Residential Tenancy Program: Official government program & forms
3. Form C (Notice to Quit – Rental Default): Download Form C (PDF)
4. Form D (Notice to Quit – Other Reasons): Download Form D (PDF)
5. Form J (Application to Director): Download Form J (PDF)

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