When and Why a Landlord Can Keep Your Security Deposit in Nova Scotia
If you're renting in Nova Scotia, understanding your rights about security deposits is crucial—especially when it's time to move out. Many tenants worry: can my landlord keep my deposit, and if so, under what circumstances? This guide provides clear answers based on Nova Scotia law, helpful resources, and practical steps to ensure your rights are protected.
What Is a Security Deposit in Nova Scotia?
A security deposit—sometimes called a damage deposit—is a sum you pay at the start of your tenancy. In Nova Scotia, it cannot exceed half a month's rent. Its purpose is to cover certain costs if the tenant fails to meet their obligations at the end of the tenancy. Full details are set out in the Nova Scotia Residential Tenancies Act[1].
For a complete overview of how deposits work, see Understanding Rental Deposits: What Tenants Need to Know.
When Can a Landlord Keep Your Deposit?
Generally, your landlord must return your security deposit—with interest—after you move out, unless certain conditions apply. They can only keep all or part of your deposit to cover:
- Unpaid rent or fees (not including regular wear and tear)
- Repairs for damages beyond normal wear and tear
- Costs for cleaning if you leave the unit excessively dirty
The landlord must provide an itemized statement detailing any deductions within 10 days of the tenancy ending. If they do not, you have the right to apply for the return of your deposit.
Difference Between Damage and Normal Wear and Tear
"Normal wear and tear" means expected deterioration from everyday living (like faded paint or minor scuffs). Damages are avoidable issues, such as holes in the wall, broken fixtures, or missed rent payments. If your landlord claims damage, they must be able to prove it was not caused by normal use.
How to Protect Your Security Deposit
To avoid disputes, follow these steps:
- Complete an initial inspection when you move in and document the condition of your rental. Learn more in the Guide to the Initial Rental Property Inspection for Tenants.
- Document all communication with your landlord, especially about repairs or damages.
- Ensure you leave the rental clean and in good condition when moving out.
Tip: Always keep copies of move-in and move-out inspection reports, photos, and receipts for cleaning or repairs. This documentation can be vital if there's a dispute over your security deposit.
Legal Steps for Getting Your Deposit Back
If your landlord does not return your deposit within 10 days, or you disagree with deductions, you can take action:
- Contact your landlord in writing to request your deposit and the reason for any withholdings.
- If needed, apply to the Nova Scotia Residential Tenancies Program (also called the "Director of Residential Tenancies") to resolve the issue. The official website is here.
Official Form: Application to Director (Form C)
- Name: Application to Director – Form C
- When to use it: If you and your landlord cannot agree about your deposit's return, use this form to ask the Director to decide.
- How it's used: Complete Form C online or download and submit it to the nearest Access Nova Scotia office. Attach any supporting documents (inspection reports, communication records, photos).
Example: If your landlord keeps your entire deposit claiming "excessive damage," but you have photos showing only normal wear and tear, submit those as evidence with Form C.
Key Legislation Covering Deposits
Your rights and landlord's obligations regarding deposits are covered under the Nova Scotia Residential Tenancies Act[1]. This legislation outlines the maximum deposit, conditions for withholding, timelines for return, and dispute resolution procedures.
Tips for Moving Out and Getting Your Deposit Back
Moving out soon? Start preparing early to maximize your chances of a full return:
- Give written notice properly and on time (see details in the Act).
- Clean the unit thoroughly and make all necessary minor repairs.
- Request a move-out inspection with your landlord, documenting the condition with photos/videos.
For more step-by-step advice, see How to Get Your Security Deposit Back with Interest When Moving Out.
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Every province has unique rules—learn more about Tenant Rights and Landlord Rights in Nova Scotia.
Frequently Asked Questions: Security Deposits in Nova Scotia
- Can my landlord keep my security deposit for regular cleaning?
No. Your landlord can only keep part of your deposit for cleaning if the unit requires more cleaning than is considered reasonable when you move out. - How long does my landlord have to return the deposit?
Your landlord must return the deposit (with interest) or provide an itemized list of deductions within 10 days of the tenancy ending. - What can I do if my landlord keeps my deposit unfairly?
You can apply to the Director of Residential Tenancies using Form C to dispute the deduction or refusal to return your deposit. - Is interest paid on security deposits in Nova Scotia?
Yes. The landlord must pay interest on your security deposit at the rate set annually by the Director of Residential Tenancies.
Key Takeaways
- Your landlord can only keep your deposit for unpaid rent, damages beyond wear and tear, or extra cleaning.
- Always document the condition of your home at move-in and move-out.
- If a disagreement arises, you have the right to apply for dispute resolution through the Nova Scotia Residential Tenancies Program.
Need Help? Resources for Tenants
- Nova Scotia Residential Tenancies Program – For disputes, forms, tenancy info, and contact numbers
- Official Forms and Applications (Access Nova Scotia)
- Local tenant advocacy organizations for free guidance and support
- Information about your rights: Tenant Rights and Landlord Rights in Nova Scotia
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