What To Do If Your Rent Is Raised Without Notice in Nova Scotia

If your landlord raises your rent without proper notice in Nova Scotia, it's important to know your rights and how to respond. This article explains the steps tenants can take to challenge unlawful rent increases, details about the required legal notices, and what official resources can help.

Your Rights as a Tenant in Nova Scotia

In Nova Scotia, tenants are protected under the Residential Tenancies Act. This law outlines when and how a landlord can increase rent, and the notice steps they must follow.

If your landlord fails to provide written notice—or doesn’t give enough advance notice—your rent increase may not be legal. The Residential Tenancies Program oversees and enforces these rules for all rental homes in the province.

Legal Notice Requirements for Rent Increases

Landlords in Nova Scotia must:

• Give you written notice of any rent increase
• Provide notice at least 4 months before the increase takes effect (for yearly or month-to-month tenancies)
• Use the proper notice form, ensuring you receive it in writing

The notice should clearly state your current rent, the new amount, and the date the change will begin. If you live in a fixed-term lease (such as one year), a rent increase can only happen when your agreement is renewed.

For more on how rent increases work and your options, read Understanding Rent Increases: What Tenants Need to Know.

What If You Receive No Notice, or Not Enough Notice?

You are not required to pay the increased rent until you’ve received the proper notice. Paying the higher amount could be seen as accepting the increase, so it’s best to respond quickly and in writing.

Action Steps: How to Respond to an Unlawful Rent Increase

• Do not pay the increased rent. Continue paying your current legal rent amount. Communicate this decision in writing to your landlord, keeping copies for your records.
• Notify your landlord (in writing) that the rent increase is invalid without proper notice, referencing the Residential Tenancies Act and the required 4-month timeframe.
• Gather documentation—keep any rent increase letters, emails, texts, or receipts.
• If your landlord insists or threatens action, apply to the Residential Tenancies Program for help.

Official Form: Application to Director (Form K)

• Form Name & Number: Application to Director (Form K)
• When to Use: If you need to officially dispute a rent increase that did not follow the proper notice rules, or seek an order for the landlord to comply with the law.
• Download Form K (official PDF)
• How it’s used: Submit the completed Form K to any Access Nova Scotia centre, by mail, or in person to the Residential Tenancies Program office. Include copies of all relevant communications and evidence.

Example: If your landlord leaves a note under your door saying rent will go up next month, and you did not get 4 months' written notice, fill out Form K to challenge the increase.

What Happens Next?

After you apply, the Director of Residential Tenancies will review your case. There may be a hearing, where both you and your landlord can present evidence. If they find the rent increase was not properly done, they can make a binding order against the landlord.

It's wise to stay informed about your obligations and rights. Visit the Tenant Rights and Landlord Rights in Nova Scotia page for a broader overview of your responsibilities after signing a rental agreement.

Further Reading on Your Rent Responsibilities

For practical tips and more on your rights, check out the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips. It covers what to do if there are disputes about rent and how to protect yourself.

You can also Find rental homes across Canada on Houseme for alternative options if you need to move.

FAQ: Common Tenant Questions About Unlawful Rent Increases

1. What if my landlord increased my rent without warning?
   If you didn't receive proper written notice, you are not required to pay the higher rent. Contact your landlord in writing and consider applying to the Residential Tenancies Program to challenge the increase.
2. Can my landlord evict me for refusing the rent hike?
   No, a landlord cannot evict you just for disputing an unlawful rent increase. Any attempt to do so can be challenged at the Residential Tenancies Program.
3. How much can my rent increase by in one year?
   Nova Scotia does not currently have a guideline cap on rent increases, but proper notice is always required. During emergency periods (like the COVID-19 pandemic), temporary caps may apply; check the official site for updates.
4. Do I need to fill out a form to challenge a rent increase?
   Yes, use Application to Director (Form K) if you need to formally challenge the rent change or seek a hearing.
5. Is verbal notice of a rent increase valid?
   No. All rent increases must be in writing according to Nova Scotia's Residential Tenancies Act.

Key Takeaways

• Landlords must provide written notice at least 4 months before raising rent in Nova Scotia.
• Tenants can refuse to pay any increase that was not properly noticed.
• Use Form K to dispute improper rent increases with the Residential Tenancies Program.

Need Help? Resources for Tenants

• Residential Tenancies Program – official government resource for tenancy disputes and information
• Legal Information Society of Nova Scotia – free legal information for tenants
• ACORN Nova Scotia – tenant advocacy and support
• Tenant Rights and Landlord Rights in Nova Scotia – overview of all provincial tenant rights

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

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