What to Do If You Can’t Pay the New Rent in Nova Scotia

Facing a rent increase in Nova Scotia can be stressful if you’re unsure whether you’re able—or required—to pay the new amount. This guide explains what happens if you don’t pay the new rent after a lawful increase, your rights, possible outcomes, and vital action steps for tenants.

Understanding Rent Increases in Nova Scotia

Landlords in Nova Scotia must follow specific procedures to lawfully increase rent. You must receive written notice at least four months before the new rent takes effect. Rent can only be increased once every 12 months under the Residential Tenancies Act (Nova Scotia)^[1]. If the notice doesn’t follow these rules, the increase isn’t valid, and you do not have to pay the new amount.

What Happens If You Don’t Pay the New Rent Amount?

If a landlord serves a valid rent increase and you don’t pay the new rent amount starting from the effective date, your rent is technically in arrears (unpaid). This may lead to:

• Receiving a notice to quit (eviction notice) for non-payment of rent
• Potential eviction proceedings through the provincial tenancy board
• Possible negative impact on your rental history

It’s very important to act quickly if you disagree with or cannot pay the new rent. Open communication with your landlord can sometimes help you find a compromise or extended payment arrangement.

Your Rights and Steps You Can Take

If you believe the rent increase was given improperly, or you simply can’t afford to pay, here’s what you can do:

1. Check the Validity of the Rent Increase

Make sure the landlord’s notice fits the legal requirements. If not, you may be able to dispute it. See Understanding Rent Increases: What Tenants Need to Know for a detailed guide.

2. Talk to Your Landlord

• Explain your financial situation early on
• Ask about payment plans or whether the increase is negotiable

3. Apply to the Residential Tenancy Program if You Disagree

You have a right to challenge a rent increase if it doesn’t comply with the law or if you believe it’s unreasonable. File through the Nova Scotia Residential Tenancy Program. Common forms include:

• Form K – Application to Director: Use this form to dispute a rent increase or ask for a review. Download Form K (official PDF)

Example: If your landlord increases the rent without proper notice, complete Form K and submit it promptly through the Residential Tenancy Program. They’ll review your case and may set aside the increase if it was done incorrectly.

4. If You Cannot Pay: What to Expect

• If you pay your old rent but not the increased amount, you may receive a Notice to Quit for Non-Payment (Form D). This is the first step in eviction for unpaid rent.
• Act quickly: You generally have 15 days from receiving the notice to pay all outstanding rent or move out.

Understanding your rights and taking action early can prevent eviction and help maintain a positive rental history. For a step-by-step breakdown of how rent payments work and what to do if you fall behind, see the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Possible Outcomes If You Don’t Pay the New Rent

The process typically follows these stages:

• Landlord issues a legal rent increase notice
• Tenant does not pay the new increase amount
• Landlord serves Notice to Quit for Non-Payment (Form D)
• Tenant has 15 days to pay or leave
• If not resolved, landlord may apply for an order of vacant possession (eviction)

Disputing the rent increase or demonstrating hardship may help you avoid eviction, but you must act promptly and use the correct forms.

The Role of the Residential Tenancy Program

All disputes about rent increases and non-payment are handled by the Nova Scotia Residential Tenancy Program. They’re responsible for overseeing rentals, enforcing legislation, hearing disputes, and providing information to both landlords and tenants.

Relevant Legislation

Your rights and obligations are outlined in the Residential Tenancies Act (Nova Scotia)^[1]. It’s important to refer to this legislation for the latest rules on notice periods, dispute resolution, and eviction processes.

For more on your province’s rules, visit Tenant Rights and Landlord Rights in Nova Scotia.

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Frequently Asked Questions

1. Do I have to pay the increased rent if my landlord didn’t give proper notice?
   If your landlord fails to provide written notice at least four months in advance, the rent increase is not valid and you are not required to pay the higher amount.
2. What should I do if I receive an eviction notice after not paying the new rent?
   You must act quickly—either pay all outstanding rent owed (including the increased amount) within 15 days of the notice or apply to dispute the eviction through the Residential Tenancy Program.
3. Can my landlord evict me for not paying only the increased portion of the rent?
   Yes, if you pay only the old rent amount, you are in arrears for the difference; your landlord can start eviction proceedings for non-payment of full rent.
4. Is there any way to challenge or appeal a rent increase?
   Yes, file a dispute with the Residential Tenancy Program using Form K if the increase is unlawful or causes hardship.
5. Where do I find help if I can’t pay the new rent?
   Contact local tenant support groups, financial assistance programs, or the Residential Tenancy Program for guidance and help with forms.

Key Takeaways for Tenants

• Never ignore a rent increase notice—confirm its validity and take action early
• If you disagree with an increase or can’t pay, talk to your landlord and apply to the Residential Tenancy Program right away
• Eviction for non-payment follows clear steps—respond quickly to avoid losing your home

In summary: Understand your rights, act quickly if you receive a rent increase, and use the official dispute process if you need help.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancy Program – Information, forms, dispute process, and contact info
• Legal Information Society of Nova Scotia: legalinfo.org – Free tenant information
• 211 Nova Scotia: Dial 2-1-1 or visit ns.211.ca for housing and financial supports
• Community Legal Information or tenant advocacy groups for additional support

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1. Residential Tenancies Act (Nova Scotia)
2. Nova Scotia Residential Tenancy Program
3. Form K – Application to Director (PDF)

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