If you’re a tenant in Nova Scotia facing an eviction order, you may wonder what can actually happen if you refuse to leave by the eviction date. Understanding your legal rights and possible consequences is essential—especially since an eviction order is a legally binding directive from the Residential Tenancy Program. Ignoring it can lead to more significant problems. This guide explains the eviction process, what happens if you don’t move out, your options, and where to get help in Nova Scotia.
Understanding the Eviction Order Process in Nova Scotia
In Nova Scotia, landlords must follow strict procedures before a tenant can be evicted. Most evictions require written notice and the opportunity for a hearing with the Residential Tenancy Program, which is the provincial authority overseeing rental disputes.
- Eviction begins with a "Notice to Quit"—the formal notification that your tenancy will end for reasons such as unpaid rent, lease violations, or the landlord’s personal use.
- If you do not leave voluntarily, the landlord may apply for an Order of the Director, also called a "Vacate Order," through the Residential Tenancy Program.
- This order is enforceable by law and sets a specific deadline for you to move out.
For a full breakdown of tenant protections and responsibilities, you can refer to the Tenant Rights and Landlord Rights in Nova Scotia page.
What Happens If You Ignore an Eviction Order?
Ignoring a valid eviction order in Nova Scotia does not make it go away. Here’s what typically happens:
- The landlord can request an "Order of Possession" from the Director after the move-out date passes.
- If you’re still in the rental, the landlord may then apply to the Nova Scotia Sheriff’s Office to physically remove you from the property.
- Once the Sheriff receives the Order of Possession, they will give you written notice—usually 48 hours—to vacate before coming to remove you and your belongings.
- Failure to comply can result in forced eviction and your possessions being left outside the property or sent to storage at your cost.
- Your rental history and future options may also be affected, making it more challenging to secure rentals elsewhere.
Legal Forms and How to Use Them
Several official forms are involved in the Nova Scotia eviction process:
- Notice to Quit (Form C): Used by landlords to start the tenancy termination process for various reasons. If you receive one, it’s your first sign action may be needed. See official form.
- Application to Director (Form J): Used by landlords to request an Order of the Director (eviction order) if you do not leave after a Notice to Quit. This form outlines the reason for eviction. View the form.
- Order of the Director (Vacate Order): Issued by the Residential Tenancy Program if the Director rules in the landlord's favour. Sets a final deadline to leave the unit.
- Request for Sheriff’s Assistance: Once the move-out deadline passes, the landlord may apply for sheriff enforcement. Tenants will receive notice before forced removal. More details: Nova Scotia Residential Tenancy Program.
The eviction process can feel overwhelming. It's important to know that you may have the right to appeal an eviction order within ten days of receiving it. Seek legal help immediately if you believe the decision is unfair or if you have nowhere to go.
Potential Consequences Beyond Eviction
- Record of Eviction: Evictions can be added to your record and may be seen by future landlords.
- Financial Liabilities: If eviction is due to unpaid rent or damages, the landlord can pursue you in Small Claims Court for outstanding amounts.
- Possessions at Risk: Your belongings may be moved to storage, and you could have to pay to retrieve them.
- Loss of Security Deposit: Failing to comply could impact your ability to recover your rental deposit. Learn more in Understanding Rental Deposits: What Tenants Need to Know.
To avoid these consequences, communicate with your landlord and the Residential Tenancy Program if you’re facing housing difficulties or need more time to move out.
Your Rights and Options if You Receive an Eviction Order
Even if you’ve received an eviction order, you still have important rights:
- Appeal within 10 days of the decision by submitting a written request to the Residential Tenancy Program. Act quickly—the timeline is strict.
- Apply for an extension due to unique hardship or safety concerns, but this is rarely granted without strong reasons.
- Contact local tenant advocacy groups for guidance and possible legal representation.
Summary: Don’t Ignore Eviction Orders—Take Action
Ignoring an eviction order in Nova Scotia will not make the problem go away. Promptly addressing the order, exploring your appeal rights, and seeking help can protect your record and finances.
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FAQ: Eviction Orders in Nova Scotia
- What is the difference between a Notice to Quit and an Order of the Director?
A Notice to Quit is the first step in ending a tenancy, while an Order of the Director (Vacate Order) is a formal, enforceable decision issued by the Residential Tenancy Program after a landlord applies for eviction. - How quickly do I have to leave after receiving an eviction order?
The order will set a specific date for you to move out, usually within a few days to a few weeks. You must leave by that date or risk sheriff enforcement. - Can I appeal an eviction order?
Yes, tenants have 10 days from receiving the decision to appeal to the Residential Tenancy Program, using the instructions provided in your order. - What happens to my belongings if I don’t leave by the eviction date?
If removed by the sheriff, your personal items may be placed outside the property or sent to storage at your expense. Retrieve them promptly to avoid loss or fees. - How can an eviction order affect my rental future?
Eviction records may make it harder to rent a home elsewhere, as some landlords check tenant histories before offering a lease.
Key Takeaways for Nova Scotia Tenants
- Ignoring an eviction order leads to sheriff involvement and can impact your finances and future rental options.
- Act quickly—you may be able to appeal or negotiate for more time.
- Always seek help if you’re unable to leave by the deadline.
Need Help? Resources for Tenants
- Nova Scotia Residential Tenancy Program – Information, forms, and dispute resolution.
- Legal Information Society of Nova Scotia – Free tenant legal info and referrals.
- Local tenant advocacy groups such as the Nova Scotia ACORN and Dalhousie Legal Aid.
- See more about your rights: Tenant Rights and Landlord Rights in Nova Scotia
