Nova Scotia Eviction Laws: Tenant Rights and Protections

If you're a tenant in Nova Scotia facing an eviction threat, it's vital to understand your rights, the rules your landlord must follow, and the steps you can take to protect your housing. This guide explains how evictions work under Nova Scotia law and what you should expect during the process. Whether you received a notice or want to know your obligations, this article is designed to support tenants with practical advice and clear, plain-language explanations.

Eviction Basics in Nova Scotia

Eviction is a legal process where a landlord asks a tenant to leave the rental unit, usually by giving written notice and sometimes requiring a formal hearing. In Nova Scotia, residential tenancies are governed by the Residential Tenancies Act (Nova Scotia) ^[1]. All evictions must follow the law — you cannot be forced out without due process.

Reasons for Eviction

Common lawful reasons a landlord may give you notice include:

• Not paying rent on time
• Substantial damage or safety risks
• Causing serious problems for other tenants
• Landlord or their family moving in
• Property being sold or major renovations planned (in some cases)

Eviction for retaliation or discrimination is not allowed.

Notice Periods

The amount of notice your landlord must give depends on the reason and your tenancy type (yearly, monthly, weekly, or fixed term):

• For unpaid rent: Landlord must give at least 15 days' written notice (Form DR5).
• Serious damage, safety: 5 days' written notice.
• Ending periodic leases (without cause): Minimum 3 months before the end of tenancy for yearly; 1 month for monthly; 1 week for weekly tenancies.

The Eviction Process and Your Rights

Evictions must follow an official process, overseen by Nova Scotia's Residential Tenancies Program ^[2]. Here's what you should know:

Step 1: Receiving a Notice to Quit (Form DR5)

The landlord must serve a written eviction notice ("Notice to Quit"), stating the reason and the date you must vacate. The correct form is Form DR5 - Notice to Quit. If you receive one, read it carefully:

• Check if the reason and notice period are correct
• Keep the notice for your records

View and download Form DR5 - Notice to Quit (official)

Step 2: Disputing an Eviction Notice

If you disagree with the eviction, you have the right to dispute it by applying for a hearing at the Residential Tenancies Program before the move-out date on your notice. File the official Application to Director (Form J) to request a hearing and explain your case.

• Download Form J - Application to Director
• Practical example: If you're disputing an eviction for "unpaid rent" but have receipts or a valid reason, use Form J to ask for a Director's decision.

Step 3: Attending the Hearing

The Director of Residential Tenancies will schedule a hearing where both you and the landlord can present evidence. It's important to attend and bring any documentation supporting your side (such as rent receipts, repair requests, or pictures).

Step 4: Decision and Enforcement

The Director will issue a written decision. If the eviction is upheld, you will be given a date to leave. Only a sheriff can enforce an eviction if you do not move out voluntarily. Your landlord cannot remove you or your belongings without an official Order of the Director and the assistance of a sheriff.

Key Tenant Protections

• You are protected from "self-help" evictions — only a legal process and Order can require you to leave.
• You have the right to dispute a notice or negotiate repayment if you fall behind in rent.
• Your security deposit must be returned unless the landlord has a legal reason to keep it, such as unpaid rent or damages.
• Landlords must fulfill their own obligations regarding repairs and safety. Learn more in the Obligations of Landlords and Tenants: Rights and Responsibilities Explained guide.

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Moving Out and Getting Your Deposit Back

Once your tenancy ends, you may be eligible to have your security deposit refunded. Make sure to:

• Provide your landlord with a forwarding address
• Document the condition of the unit

Learn more about your deposit rights in Understanding Rental Deposits: What Tenants Need to Know.

Your Rights in Nova Scotia

Want to learn more about your housing rights? Visit Tenant Rights and Landlord Rights in Nova Scotia for a full overview of tenancy laws, responsibilities, and support options for renters in the province.

Frequently Asked Questions

1. Can my landlord evict me without a written notice in Nova Scotia?
   No. A landlord must give you a written Notice to Quit (Form DR5), stating the reason and the date you must move out. Oral notices are not valid.
2. How much notice do I get for eviction due to unpaid rent?
   You must receive at least 15 days' written notice. During this time, you may be able to pay your rent and avoid eviction.
3. What if I disagree with the eviction notice I received?
   You can dispute the eviction by filing Form J (Application to Director) with the Residential Tenancies Program before the notice expiry date.
4. Can my landlord remove my belongings if I don’t move out?
   No. Only a sheriff can enforce an order of eviction after a Director’s decision. Your landlord cannot lock you out or take your belongings without following the legal process.
5. How do I get my security deposit back after an eviction?
   Provided there are no damages or unpaid rent, your landlord must return your deposit within 10 days of the tenancy ending. Document the condition of the rental before moving out.

How To: Steps for Disputing an Eviction Notice

1. Review the Notice: Check the reason, notice period, and whether the landlord used the correct form. Make sure it is signed and dated.
2. Gather evidence: Collect any documents, receipts, or communications that support your side of the dispute.
3. File Form J – Application to Director: Download and complete Form J. Submit it to the Residential Tenancies Program before the move-out date on your notice.
4. Prepare for your hearing: Be ready to explain your case, show evidence, and respond to the landlord’s claims.
5. Follow the Director’s decision: If the decision is in your favour, you may stay. If not, prepare to move out by the date set in the order.

Key Takeaways for Tenants

• Nova Scotia’s eviction process protects tenants’ rights — you cannot be removed without a formal notice and order.
• You can dispute an eviction through the Residential Tenancies Program if you act quickly.
• Always keep communication records and seek help early if you face eviction or housing loss.

Need Help? Resources for Tenants

• Residential Tenancies Program (Province of Nova Scotia) – Main government body for filings and information
• Housing and Property: Nova Scotia – Provincial services and legal resources
• Residential Tenancies Act (full text)
• Community Legal Assistance Society (local provincial advocacy group — search your area for tenancy help)

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1. [1] Residential Tenancies Act, S.N.S. 1990, c. 10 (Nova Scotia)
2. [2] Residential Tenancies Program – Province of Nova Scotia

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