When a landlord fails to follow an order from the Nova Scotia Residential Tenancies Program (sometimes referred to as the "LTB" in other provinces), tenants may feel frustrated and unsure what to do next. This guide explains your practical, legal steps in Nova Scotia if an order isn’t enforced, and highlights resources to help you assert your rights and maintain a safe rental home.
Who Handles Rental Disputes and Orders in Nova Scotia?
In Nova Scotia, the official body responsible for residential tenancy disputes is the Residential Tenancies Program within Service Nova Scotia. They process applications, hold hearings, and issue legal orders on matters like rent, maintenance, and evictions. Orders may require a landlord to make repairs, return a deposit, or cease an illegal eviction, among others.
What If the Landlord Ignores a Residential Tenancies Order?
Sometimes, even after a favorable order, a landlord does not comply—perhaps refusing to pay money owed, make repairs, or stop certain actions. The law gives tenants tools to address this situation, but you must take specific steps for enforcement.
How Can Tenants Enforce an Order in Nova Scotia?
If your landlord ignores an order issued by the Residential Tenancies Program, you cannot go back to the program for enforcement. Instead, you must apply to the Nova Scotia Supreme Court (Small Claims Court Division) to have the order enforced as if it were a court judgment. This process typically applies to monetary orders (e.g., for return of a security deposit or reimbursement for repairs), but may also relate to certain non-monetary rulings.
Key Steps to Enforce an Order
- Obtain a certified copy of your order: Request a certified copy from the Residential Tenancies office that issued your order. This is necessary to proceed.
- File with Small Claims Court: Submit the order to the Nova Scotia Small Claims Court to have it registered as a court judgment. This enables you to use court procedures such as garnishment or property seizure if needed.
- Official Form: Application for Enforcement of Residential Tenancies Order (Form 7A). Use this form to request that the Small Claims Court enforce the Residential Tenancies order. Include your certified copy and all relevant details.
- Fees: Standard court fees may apply when you file your enforcement application. Check the most recent fee schedule on the court's official site or call your local courthouse for details.
Understanding Your Rights as a Tenant in Nova Scotia
Your rights and responsibilities are set out in the Residential Tenancies Act (Nova Scotia)[1]. Common reasons for orders include repair disputes, withheld deposits, or improper eviction attempts. If you need a general overview of tenant and landlord rights, see Tenant Rights and Landlord Rights in Nova Scotia.
Need a refresher on common challenges? Visit Common Issues Tenants Face and How to Resolve Them for helpful guidance.
Sample Scenarios
- You won an order that your landlord must return your damage deposit but haven't received it after 15 days.
- A landlord refuses to complete court-ordered repairs to your unit.
- You received an order stopping an improper eviction, but the landlord still tries to remove you.
In these situations, follow the enforcement steps above, and reach out for assistance if needed.
What Tenants Should Do First
- Communicate in writing with your landlord (email or letter) about the order and deadlines.
- Gather copies of the order, communication history, and proof of landlord inaction.
- Set a deadline for compliance (e.g., 10–15 days) before starting court enforcement.
This helps in showing the court that you've given the landlord reasonable time to comply.
Other Helpful Considerations
If your case involves ongoing problems like health & safety, repairs, or repeated eviction threats, reviewing your broader rights is wise. Be aware of your landlord’s obligations and your own—for example, staying up to date with rent and following your lease. If you’re considering moving out or withholding rent, it’s important to follow proper procedures to avoid putting your tenancy at risk. You can read more in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
For those searching for a new place, Find rental homes across Canada on Houseme and discover rentals that fit your needs and budget, wherever life takes you next.
Tenant FAQ: LTB Order Enforcement in Nova Scotia
- What do I do if my landlord ignores a Nova Scotia Residential Tenancies Program order?
You must request a certified copy of your order and file for enforcement at Small Claims Court using the correct form. The Tenancies Program does not enforce orders for you. - Is there a fee to enforce a tenancy order in Nova Scotia courts?
Yes, standard Small Claims Court fees apply when registering an order. Contact your local courthouse or check the provincial website for the latest information. - What happens if I don’t enforce the order right away?
You have a legal right to enforce the order for a certain period (generally up to 6 years for monetary claims), but it’s best to act promptly. - Can I get help filling out the court forms?
Yes. Duty counsel at some courthouses, community legal clinics, or tenant advocacy groups can assist with paperwork. - Where can I learn more about my rights as a tenant in Nova Scotia?
See Tenant Rights and Landlord Rights in Nova Scotia for a complete overview.
Key Takeaways for Tenants
- Orders from the Nova Scotia Residential Tenancies Program must be enforced through Small Claims Court if your landlord does not comply.
- File your enforcement application promptly and keep full documentation.
- Resources are available to help you with forms and next steps if you feel overwhelmed.
Need Help? Resources for Tenants
- Residential Tenancies Program (Service Nova Scotia) – Application forms, dispute info, and general tenant support.
- Nova Scotia Small Claims Court – Enforcement process, court fees, FAQs, and courthouse locations.
- Legal Information Society of Nova Scotia – Free information and possible referrals for legal help.
- Tenant Rights and Landlord Rights in Nova Scotia
