Sealing Eviction Records in Nova Scotia: Tenant Guide

If you have experienced eviction in Nova Scotia, you may worry about your eviction record affecting your ability to rent again. This guide explains whether eviction records can be sealed in Nova Scotia, what your options are, and practical next steps to help you move forward.

Understanding Eviction Records in Nova Scotia

In Nova Scotia, an eviction generally occurs through an order or decision by the Residential Tenancy Program. When a tenancy dispute leads to a formal eviction order, key details may become part of the public record, and may be accessible to landlords or reported to credit bureaus.

What Is an Eviction Record?

An eviction record means any documentation showing that you have been ordered to leave a rental property by the Residential Tenancy Program or through the courts. This can include:

• Decisions or orders available in the Residential Tenancies database
• Information provided by former landlords
• Credit report entries if debts remain unpaid

While Nova Scotia does not currently have a centralized, easily searchable public eviction database like some other provinces, information from eviction hearings may become available to future landlords or appear on your credit history.

Can You Seal or Expunge an Eviction Record in Nova Scotia?

At present, there is no official process to seal or expunge an eviction record from the official government or tribunal sources in Nova Scotia. Decisions and orders issued by the Residential Tenancy Program are considered part of the public record. However, not all orders are easily accessible by the public, but landlords may request reference information or consult with former landlords.

If you feel an eviction outcome was made in error, or circumstances have changed, you may have limited options to challenge or request a review under certain conditions:

• Request to Set Aside an Order: If you missed your hearing unavoidably or have new evidence, you can apply to set aside or review an order by using the "Application to Director" form (Form D), available from the official government website. This must be done within 10 days of being aware of the order.
• Appeal to Small Claims Court: If you believe the Residential Tenancy decision was legally incorrect, you may appeal to the Small Claims Court within 10 days of the order. More on this is in the Appeal Booklet. It's strongly recommended to seek legal advice for this step.

How Might an Eviction Affect Your Future Rentals?

While you can't "seal" your official record, you can take steps to address the impacts of an eviction:

• Provide context to future landlords if asked about an eviction, especially if you have since met your obligations or resolved any issues
• Work to repair your credit report, if the eviction included unpaid rent or damages
• Collect positive rental references from later landlords to demonstrate reliability

Understanding your responsibilities during and after a tenancy can help prevent future disputes. For more on these duties, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Official Forms for Tenants Post-Eviction

• Application to Set Aside Director's Order (Form D): Official link here. Use if you missed your hearing or had no proper notice and wish to contest the eviction order. Example: A tenant in hospital during the hearing can use this form to ask for a new hearing.
• Notice of Appeal to Small Claims Court: Use this process if you believe there was an error in law in the decision. Download forms and instructions from the Appeal Booklet. Example: A tenant who can prove legal misinterpretation during the hearing.

Always review time limits, as appeals or reviews in Nova Scotia strictly enforce deadlines.

Preventing Future Issues After Eviction

Once you've moved on, focusing on a positive rental history can help. For actionable advice, read Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit. Additionally, for full details on your rights, see Tenant Rights and Landlord Rights in Nova Scotia.

If you are looking to start fresh, Browse apartments for rent in Canada using trusted platforms for a new beginning.

FAQ: Sealing and Managing Eviction Records in Nova Scotia

1. Can a landlord see my eviction record in Nova Scotia?
   Landlords may learn about your previous eviction through references or, less commonly, public tribunal records. Centralized eviction databases do not currently exist in Nova Scotia.
2. Can I remove an eviction from my credit report?
   If debts or judgments were reported to credit bureaus, paying them off can improve your credit history. However, eviction decisions themselves do not typically appear on credit reports unless associated with unpaid rent or damages.
3. What if I missed my eviction hearing?
   You may be able to apply to set aside the order using Form D if you act quickly and can show a valid reason for missing your hearing.
4. Are there time limits for appealing an eviction in Nova Scotia?
   Yes. Generally, you have 10 days from receiving an order to apply for a review or to file an appeal.
5. Will an old eviction affect my chance to rent in the future?
   It may, but providing context and new references can help. Focus on demonstrating positive rental behaviour going forward.

Key Takeaways for Tenants

• Nova Scotia does not allow sealing or expunging of eviction records, but many are not publicly searchable.
• You may be able to review or appeal an eviction order under certain conditions, but act quickly due to strict deadlines.
• Building a strong rental history and seeking support can help you move forward after an eviction.

If you need more guidance, see below for help and advocacy contacts.

Need Help? Resources for Tenants

• Residential Tenancy Program, Nova Scotia: 1-800-670-4357 (handles tenancy disputes and eviction orders)
• Legal Information Society of Nova Scotia: Free tenant support and information
• Nova Scotia Legal Aid: For low-income tenants needing legal assistance
• Housing Nova Scotia: Housing support and subsidy programs
• Tenant Rights and Landlord Rights in Nova Scotia: Comprehensive overview of tenant protections

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1. Residential Tenancies Act (Nova Scotia): Read the Residential Tenancies Act
2. Residential Tenancy Program, Government of Nova Scotia: Official Tribunal Website
3. Legal Information Society of Nova Scotia: Tenant Resources
4. Nova Scotia Legal Aid: Legal Aid Services

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