Recognizing and Responding to Bad-Faith N12 Evictions in Nova Scotia

If you've received a notice to end your tenancy because your landlord claims they need the unit for themselves or a close family member, you might be wondering whether the eviction is legitimate. Bad-faith evictions—when landlords use these notices for other purposes—are unfortunately a growing concern in Nova Scotia. This article explains what a bad-faith N12 eviction is, your tenant rights under Nova Scotia law, and steps to protect yourself if you believe your landlord is acting in bad faith.

Understanding N12 Evictions in Nova Scotia

In Nova Scotia, landlords can end a rental agreement if they or certain family members intend to move into the unit. This process typically uses an N12-type notice, which lets tenants know the landlord wants to reclaim the unit for personal use. However, sometimes landlords issue this notice not for personal use, but to re-rent at a higher price or for other reasons. This is called a “bad-faith” eviction, and it's not allowed under Nova Scotia's Residential Tenancies Act^[1].

What Is a Bad-Faith Eviction?

A bad-faith eviction happens when a landlord provides a notice to vacate the rental unit claiming they, a family member, or a purchaser requires the unit, but the real intent is different—for example, to increase the rent by finding a new tenant. If this occurs, tenants have the right to challenge the eviction and may be entitled to compensation.

Recognizing Signs of Bad-Faith Evictions

It can be challenging to know if a landlord is acting in bad faith. Watch for:

• The landlord re-lists the unit for rent soon after you leave
• The landlord or claimed family member never moves in
• The property is renovated or flipped quickly for sale

If you suspect bad faith, document what you observe and keep copies of communications for possible evidence.

Your Rights and How to Respond

If you receive an N12-type notice and doubt it's for genuine personal use, you can:

• Ask your landlord for written proof showing who will move in and when
• Refuse to move out until the landlord applies to the Residential Tenancies Program to terminate the tenancy
• Gather evidence (photos, ads, witness statements)
• Attend any hearing with the Residential Tenancies Program to share your concerns

Only the Residential Tenancies Program, Nova Scotia's housing authority and tribunal, can make a binding eviction order. If you leave and discover bad faith later, you may be able to seek compensation by applying to the Program within one year.

Required Forms and Filing an Application

• Form C: Application to Director – Tenants can use this form to challenge an eviction notice or seek compensation if they suspect a bad-faith eviction occurred. It must be submitted to the Residential Tenancies Program.

Example: If your landlord issues an N12 notice, but months later you see the unit advertised for a higher rent, submit a Form C: Application to Director with all your evidence.

What to Expect at a Residential Tenancies Hearing

During a hearing, both the landlord and tenant can present their case. Some key points:

• Prepare by bringing evidence (dated listings, correspondence, photos)
• Be ready to describe your experience and concerns in clear, factual terms
• If the Director finds in your favour, you may receive compensation for moving costs or further damages

Protecting Your Rights Going Forward

Prevention and documentation are key. Always:

• Keep written records of all notices and communications
• Document the state of your unit before moving out (photos, videos)
• Review your rights carefully—see Tenant Rights and Landlord Rights in Nova Scotia for more
• Understand your rental agreement and responsibilities (Obligations of Landlords and Tenants: Rights and Responsibilities Explained can help)

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Frequently Asked Questions

1. What is a bad-faith eviction in Nova Scotia?
   A bad-faith eviction occurs when a landlord ends your tenancy for personal use but never actually moves in or re-rents at a higher price. This is illegal under Nova Scotia's Residential Tenancies Act.
2. What evidence should I keep if I suspect a bad-faith N12 eviction?
   Keep copies of the notice, all communications, photos or advertisements showing re-renting, and any witness statements that support your case.
3. Can I refuse to move out if I doubt the landlord's stated reason?
   Yes. You do not have to leave until a Residential Tenancies Officer issues an order. Attend the hearing to present your concerns.
4. What if I've already moved out but find evidence of bad faith?
   You can still file a claim (Form C) for compensation with the Residential Tenancies Program within one year of vacating.
5. Where can I learn more about tenant rights in Nova Scotia?
   Visit Tenant Rights and Landlord Rights in Nova Scotia for detailed information.

Conclusion: Key Takeaways for Tenants

• If you receive an N12-type eviction notice, verify the landlord’s stated intentions—document everything.
• Use the proper forms and attend hearings to defend your tenancy or claim compensation if wronged.
• Know your rights under the law and seek help if needed; bad-faith evictions are not permitted in Nova Scotia.

Need Help? Resources for Tenants

• Residential Tenancies Program (Nova Scotia) – File applications, forms, and get official guidance
• Residential Tenancies Act of Nova Scotia (Full Text)
• Legal Information Society of Nova Scotia: 1-800-665-9779 – Tenant legal advice and information
• Local tenant support organizations, community legal clinics, and housing advocacy resources

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1. Residential Tenancies Act (Nova Scotia)
2. Residential Tenancies Program (Provincial Tribunal)
3. Form C: Application to Director

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