CAN YOUR LANDLORD KEEP
YOUR BELONGINGS?
This article tells you what your landlord must do with any
personal property you leave behind when you move or are
evicted.
Does This Article Apply To You?
This article is about tenants’ rights under the Residential
Tenancies Act (RTA). The RTA applies to most rental housing in
Nova Scotia such as rooms, apartments, houses and mobile
home parks.
But, some types of residences are not covered by the RTA. For
example, university residencies, hospitals, jails, prisons,
maternity homes, nursing homes, residential care facilities.
If your housing is not covered by the RTA, this information does
not apply to you. Find information on how to contact your local
Legal Aid Office for legal advice and/or information and other
community resources here: Contacts
Is It Against The Law For My Landlord To Take My
Things?
YES.
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It is against the law for your landlord to take your things. For
example, it is against the law for your landlord to take any of
your belongings just because you owe rent, caused damage, or
broke a rule.
Also, when you move out your landlord cannot take anything
from you or stop you from taking your belongings.
When Is It Legal For My Landlord To Take My
Things?
If you leave things behind when you move, your landlord MAY be
able to sell them, keep them, or throw them away. This includes
furniture, cars, appliances, clothing, food, or anything else you
leave behind. It even includes a mobile home or land lease home.
This applies if:



You move out after giving notice, after your landlord gave
you notice, or after you made an agreement with your
landlord to move out;
You are evicted by an Order of the Director; or
You move without any notice agreement or order
(abandonment).
If you have things that you do not fully own, such as a rent-toown appliance or a car that you are still making payments on, the
situation can get complicated.
Find information on how contact your local Legal Aid Office for
advice and/or information and other community resources here:
Contacts
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What Does The Landlord Have To Do?
If you move out and do not take your belongings with you after:




You have given your landlord a written notice (“notice to
quit”) to end your tenancy;
Your landlord has given you a written notice to end your
tenancy;
You and your landlord have agreed to end your tenancy; or,
You have received an Order of the Director to leave.
Your landlord is supposed to make a list of your belongings and
file it with Residential Tenancies.
The landlord has to send you a copy of the list by registered mail
to your new address or, if the address is not known, to your next
of kin listed on the lease.
The landlord can only dispose of your belongings by way of an
Order of the Director. Your landlord can not keep, sell, or throw
out anything you leave behind, for the first 60 days.
IMPORTANT
If your landlord believes the property you left behind is unsafe or
unsanitary, the landlord can get rid of the property immediately
and within 10 days has to file a list with Residential Tenancies
and mail a copy to you or send it to your next of kin.
If you contact your landlord within the 60 days and say that you
want to pick up your things, your landlord must let you in to pick
them up at a reasonable time. Your landlord MAY store them for
you until you are able to pick them up.
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Depending upon the order the Residential Tenancy Officer makes,
you may have to pay the landlord any rent you owed and/or the
costs of moving and storing your belongings, or payment for any
damages to the property before you can take your things.
After the 60 days is up, the Residential Tenancy Officer will send
a letter to the landlord giving the landlord permission to get rid of
your belongings.
If the estimated value of your belongings is under $500, the
landlord can get rid of your belongings in any way that is
convenient to the landlord.
If the estimated value of your belongings is more than $500, the
Residential Tenancy Officer will tell the landlord to sell your
belongings.
Within 10 days of the sale of your belongings, the landlord has to
file an accounting of sale with Residential Tenancies of the
property sold.
If the landlord sells your belongings, any money made from the
sale is to go towards unpaid rent first and then to damages or
storage costs. Any money left over is to be given to the Public
Trustee.
IMPORTANT
If you are going to be away for a long time, make sure it does not
look like you have abandoned your place. The law says your place
cannot be considered abandoned if your rent is paid up. Ask a
friend or neighbor to check your mail in case you get a notice
while you are away.
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If your landlord thinks you have abandoned your place, your
landlord cannot just take your things. First, your landlord must:


Make an application to Residential Tenancies for an order
ending your tenancy; and,
Give you a copy of the Application by personal service,
registered mail or substituted service.
If your landlord has your belongings, or you believe there is
money left over from the sale of your belongings, you should get
legal help. Find information on how contact your local Legal Aid
Office for advice and/or information and other community
resources here: Contacts
What Happens If I Have A Manufactured Home?
If you live in a mobile home or manufactured home, your landlord
must file an inventory of your belongings, including your mobile
home, with the residential tenancies. After 60 days have passed,
the landlord can ask the Residential Tenancy Officer for
permission to sell your property AND your manufactured home by
public auction.
Before the Residential Tenancy Officer will make the order to
allow the landlord to sell your manufactured home, the landlord
has to provide proof that there are no other security interests
held against your home.
A security interest is a property interest, or a property right, of a
lender or creditor (maybe a bank, credit agency, or anyone you
may own money to) who has a right to the money collected when
your home is sold.
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If you contact your landlord to claim the home before the 60 days
are up, your landlord can’t sell or dispose of it and has to give it
back to you. But, your landlord can first make you pay any
unpaid rent and reasonable expenses.
If you do not contact your landlord within the 60 days, your
landlord can then sell, keep, or get rid of the home.
If the landlord sells your belongings, any money made from the
sale is to go towards unpaid rent first and then to damages or
storage costs. Any money left over is to be given to the Public
Trustee.
If you believe there is money left over from the sale of your
property then you should seek legal advice.
What Can I Do To Get My Things Back?
If your landlord has taken your belongings after following the
legal rules described in this article, your landlord cannot be forced
to return them. In that situation, you can try to make a deal with
your landlord to get your things back.
But, if your landlord takes or keeps your belongings without
following the law, there are several things you can do, such as:
 Contact the police;
 Negotiate (make a deal) with your landlord to avoid the
police;
 Seek legal advice.
There are some legal steps you might be able to take. Every
situation is different. If you are thinking about taking legal action
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against your landlord, it is best to get legal advice first. Below are
some great resources to use if you need some more information
or help.
Where To Get Help And Information
Nova Scotia Legal Aid
If you are a tenant with low income, contact your Nova Scotia
Legal Aid Office for advice and/or assistance. You can find your
local Nova Scotia Legal Aid Office by looking under “Lawyers” in
your phone book. You can also check the Nova Scotia Legal Aid
website at Legal Aid Offices (www.nslegalaid.ca) or phone:
Toll Free: 1-866-420-3450
Halifax: 1-902-420-3450
Access Nova Scotia (Residential Tenancies)
Website: Access Nova Scotia - Residential Tenancies
Toll Free: 1-800-670-4357
Halifax: 1-902-424-5200
TTY:
1-877-404-0867
Dalhousie Legal Aid Service (DLAS)
Website: DLAS
Halifax: 1-902-423-8105
Legal Information Society of Nova Scotia
You may be able to get free advice about your family law issue
from a lawyer for up to 20 minutes. This service is provided over
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the phone. Call the Legal Information Society of Nova Scotia at
902-455-3135, to find out if you qualify for this service.
Website:
Toll Free:
Halifax:
Email:
LISNS
1-800-665-9779 (within Nova Scotia)
1-902-455-3135
[email protected]
Nova Scotia Human Rights Commission
Website: Human Rights Commission
Toll Free: 1-877-269-7699
Halifax: 1-902-424-4111
TTY:
1-902-424-3139
Email:
[email protected]
Small Claims Court
Website: The Courts of Nova Scotia - Small Claims Court
Halifax: 1-902-424-8722
TTY:
1-902-424-0551
Dial-a-Law
Website: Dial-a-Law | How LISNS Can Help
Not Toll Free: 1-902-420-1888.
Sheriff’s Office (Halifax)
Telephone: 1-902-424 8212
1815 Upper Water Street, Halifax Nova Scotia.
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211 Nova Scotia
Website: Homepage - 211 Nova Scotia
Toll Free: 1-855-466-4994
Disclaimer:
This site contains general legal information for residents of Nova
Scotia, Canada. It is not intended to be used as legal advice for a
specific legal problem.
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