Nova Scotia Landlords and Background Checks: Tenant Rights

In Nova Scotia’s rental market, it’s common for landlords to screen tenants using background checks. If you’re applying to rent, understanding how background checks work, what is allowed, and your privacy and discrimination protections is vital for a safe and fair process.

Can Nova Scotia Landlords Run Background Checks?

Yes, landlords in Nova Scotia are allowed to ask for background checks as part of the tenant selection process. Common types of background checks include:

• Credit checks
• References from previous landlords, employers, or personal contacts
• Criminal record checks (with limitations)
• Confirmation of income or employment

Landlords may use this information to assess your ability to pay rent and care for the unit. However, they must follow privacy, human rights, and tenancy laws.

Your Rights and Privacy Protections as a Tenant

Landlords must obtain written consent before running any credit or criminal record check. They cannot demand excessive or irrelevant personal information.

• Your information must be kept confidential and used only for tenant screening.
• Questions about race, religion, family status, sexual orientation, disability, or other protected characteristics are not allowed under the Nova Scotia Human Rights Act.
• If you feel you were denied housing for a discriminatory reason, you can file a complaint with the Nova Scotia Human Rights Commission (file a complaint).

The main law that covers your rental relationship is the Nova Scotia Residential Tenancies Act.^[1]

Credit Checks and Consent

Landlords usually request a credit check to assess how you manage debt and bills. In Nova Scotia, you must provide written consent for a landlord to run a credit check. If you do not wish to share this information, you can decline, but the landlord may consider this when choosing a tenant.

Are Criminal Background Checks Allowed?

Landlords may request a criminal record check, but this must be relevant to tenancy and handled carefully. They should not use criminal history to discriminate where it does not relate to rental suitability. For example, a non-violent conviction years ago generally should not be grounds for refusal.

Human Rights and Discrimination Protections

Nova Scotia’s Human Rights Act protects you from discrimination based on race, gender, religion, disability, sexual orientation, family status, and several other characteristics. Landlords cannot reject a tenant application for reasons protected by this law, including decisions made through background or reference checks.^[2]

• If you believe your application was denied due to a human rights violation, file a complaint promptly with the Human Rights Commission.
• Discrimination during screening can occur in subtle ways, such as asking questions about your family, marital status, or personal medical details.

Application Forms and Official Resources

When applying to rent, you may be asked to fill out a rental application form. While there is no mandatory provincial rental application form, many landlords use their own or hire third-party screening services for background and credit checks. Always review the form carefully:

• Only provide personal information needed for tenancy (name, contact info, previous addresses, references, etc.).
• Do not feel pressured to provide social insurance numbers or unrelated information.
• If you are unsure about any request, contact the Nova Scotia Residential Tenancies Program or a tenant support service.

Tenant and Landlord Obligations

Both tenants and landlords have important rights and duties under the Nova Scotia Residential Tenancies Act. Understanding your responsibilities can help prevent misunderstandings or disputes after the lease begins. If you want more detail, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

To learn specifically about Nova Scotia’s rental regulations, visit Tenant Rights and Landlord Rights in Nova Scotia. You can also find forms and more information from the Nova Scotia Residential Tenancies Program, the official body that handles rental disputes.

For those looking to move or find new rental opportunities, Find rental homes across Canada on Houseme for a wide selection of listings nationwide.

FAQ: Nova Scotia Landlords and Background Checks

1. Can I refuse to provide a credit check in Nova Scotia?
   If you refuse to give written consent, the landlord cannot legally run a credit check. However, this may affect your chances, as landlords often use credit information to assess tenant risk.
2. Are landlords allowed to ask for my SIN (Social Insurance Number) on a rental application?
   No, landlords should not require your SIN. They can request other identifiers to verify your credit or identity but must respect your privacy.
3. What can I do if I believe I was discriminated against during the tenant screening process?
   You can file a complaint with the Nova Scotia Human Rights Commission if you feel you were denied housing due to a protected characteristic like race, gender, or disability.
4. Who oversees residential tenancy matters in Nova Scotia?
   The Nova Scotia Residential Tenancies Program handles landlord-tenant issues, including screening disputes, rental agreements, and complaints about discrimination or privacy violations.
5. Do landlords need to give a reason if they reject my rental application?
   No, landlords are not required to state a reason for declining an application, but rejecting you for a discriminatory reason is illegal under the Human Rights Act.

Key Takeaways for Tenants

• Landlords in Nova Scotia can request background and credit checks, but only with your written consent.
• You are protected by privacy laws and the Nova Scotia Human Rights Act from discrimination.
• If you feel your rights were violated, you can reach out to the Human Rights Commission or Residential Tenancies Program for support.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancies Program: Information on rights, forms, dispute resolution, and more. Phone: 1-800-670-4357
• Nova Scotia Human Rights Commission: Make a discrimination complaint or access legal information/support.
• Tenant Rights and Landlord Rights in Nova Scotia: Further details on provincial rules and tenant protections.
• Local tenant support organizations (e.g., Dalhousie Legal Aid Service for advice in Halifax)

---

1. Nova Scotia Residential Tenancies Act. View the legislation
2. Nova Scotia Human Rights Act. Read the Human Rights Act

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy