Short-Term Rental Subletting Case Law in Nova Scotia

Short-term rentals – like Airbnb and other vacation stays – have grown in popularity. But if you’re a tenant in Nova Scotia thinking about subletting your rental as a short-term accommodation, it’s essential to understand the laws, case precedents, and risks before proceeding. This guide reviews past legal decisions and explains the rules you need to follow under Nova Scotia legislation.

How Short-Term Subletting Cases Are Handled in Nova Scotia

Disputes about unauthorized subletting or short-term rental use are resolved by the Residential Tenancies Program of Nova Scotia. This official tribunal interprets the Residential Tenancies Act, which sets out tenant and landlord rights.

Common Disputes: What the Tribunal Has Decided

• Unauthorized Subletting: Tenants usually need the landlord’s written approval to sublet, including for short-term rentals. In several recent decisions, the Residential Tenancies Program ruled in favour of landlords when tenants advertised apartments for short-term stays (like Airbnb) without permission. The usual outcome is either an eviction order or direction to stop offering the rental on short-term platforms.
• Breach of Lease or Agreement: Some leases have clauses that forbid subletting, or require notice and specific consent. Where tenants ignored these terms and let others stay short-term, tribunals have supported landlords’ rights to terminate.

In summary: Subletting for short-term rental income without following the proper process puts your tenancy at serious risk. If you’re considering it, review your lease and always get clear, written approval.

Forms and Procedures for Subletting in Nova Scotia

• Request for Sublet: While there is no standardized provincial form, tenants should request permission to sublet in writing. Clearly state your reasons, who will stay, and for how long. Always keep a copy for your records.
• Landlord’s Response: Landlords cannot unreasonably refuse your request to sublet, but short-term or commercial sublets are not generally protected. If permission is denied, the Residential Tenancies Program can review the reasonableness of the refusal.
  See official tenant guidance: Subletting and Assignment in Nova Scotia (PDF)
• Form C – Application to Director (Nova Scotia): Use this form to apply for a hearing with Residential Tenancies if you cannot resolve the matter with your landlord. For example, if you believe a refusal to sublet is unreasonable or if you challenge an eviction due to alleged illegal subletting.
  Download Form C – Application to Director.

If you receive a Notice to Quit due to suspected subletting, you have a right to apply for a hearing. Take action promptly to protect your rights.

What’s Considered a Legal Sublet?

• You must get written landlord approval for all sublets (long-term or short-term).
• A legal sublet means you remain responsible for the lease until it ends, even if someone else occupies the unit.
• Advertising your home on Airbnb or similar platforms is generally NOT considered a traditional sublet and may breach your lease or the Residential Tenancies Act.

Nova Scotia’s legislation is clear: tenants who wish to sublet their unit should follow the process described in the Act. Ignoring these requirements, especially for short-term commercial purposes, often results in tribunal rulings against the tenant.

Staying Informed: Key Rights and Responsibilities

• Tenant Rights and Landlord Rights in Nova Scotia – Full overview of your protections and limits
• Obligations of Landlords and Tenants: Rights and Responsibilities Explained
• Strictly adhere to the process outlined in your lease and provincial law

If you break the rules, the landlord can serve you a Notice to Quit for cause (Form D), which may lead to termination of your tenancy.

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Frequently Asked Questions

1. Is it legal for a tenant in Nova Scotia to list a rental on Airbnb?
   Generally, you must have your landlord’s written consent before renting your space short-term, and many leases or building rules prohibit this. Without approval, you risk eviction or legal action.
2. What should I do if my landlord refuses to let me sublet?
   You can apply to the Residential Tenancies Program for a review if you think the refusal is unreasonable. Use Form C and present your case at a hearing.
3. Can my landlord evict me for subletting without permission?
   Yes. Unauthorized subletting or using the unit as a short-term rental is grounds for eviction under the Residential Tenancies Act if done without consent.
4. Am I still responsible for the lease after I sublet?
   Yes. Legally, you remain responsible for rent, damages, and complying with all terms until the end of your lease, even if you have an approved subtenant.
5. What’s the difference between a sublet and an assignment?
   A sublet is temporary, and you return. An assignment gives the lease to someone else entirely. Both require landlord approval, and short-term assignments for Airbnb-type stays are rarely allowed.

Summary: What Tenants Should Remember

• Never sublet or host short-term guests without written landlord consent.
• The Residential Tenancies Program enforces strict rules and has supported eviction when these rules are not followed.
• If in doubt, consult the official forms and get support to avoid risk.

Following the law and clear communication helps protect your rental home and your rights.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancies Program: Program Information and Complaint Forms
• Legal Information Society of Nova Scotia: Tenant Rights Support
• Government guide on Subletting: Subletting and Assignment (PDF)

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1. Residential Tenancies Act (Nova Scotia) – see full legislation
2. Residential Tenancies Program – Hearings and case summaries: Government of Nova Scotia

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