DOES YOUR LANDLORD WANT
YOU TO MOVE OUT?
In Nova Scotia, tenants have immediate “security of tenure”. This
means a landlord cannot force you to leave unless they have a
legal reason to evict you and have an Order of the Director from
Residential Tenancies that says you have to leave. Residential
Tenancy Officers, under the authority of the Director, deal with
disagreements between landlords and tenants and are the ones
who would make an “eviction order”.
A landlord must follow certain steps to try to get an eviction
order. Your landlord must prove to the Residential Tenancy
Officer that there is a legal reason to evict you. By law, only some
reasons can lead to eviction, for example, causing damage or not
paying rent.
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 land lease
communities.
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
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What If I Do Not Want To Move Out?
Usually, the first step your landlord will take to evict you is to
give you a written notice that tells you to move, called a “Notice
to Quit”. The Notice will be called:
 Notice to Quit for Rental Arrears
 Notice to Quit – Statutory Breach
 Notice to Quit – Additional Circumstances
If you receive such a notice, you do not have to leave, but you
should seek legal help without any delay.
IMPORTANT:
Dates to remember if you get a “Notice to Quit for
Rental Arrears”:
Type of Lease
When Notice can be
Given
Fixed term
15 days after next due
Yearly/Monthly 15 days after next due
Weekly
15 days after next due
Time to Respond
15 days
15 days
7 days
VERY IMPORTANT: If you receive a Notice to Quit for Rental
Arrears, or any other type of Notice to Quit,
see article: Fighting an Eviction
What Will Be In The Notice To Quit?
If you do not move out, the next step your landlord must take is
to file an Application at one of Access Nova Scotia’s Offices. The
Application will be called “Application to Director”.
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The Application will have the following information:
 Date, time and location of the hearing;
 Name and contact information for the Residential Tenancy
Officer hearing the application;
 Contact information for the landlord;
 Information about your lease; and,
 Information about why the landlord wants to evict you.
IMPORTANT
It is very important to go to this hearing. If you do not, the
hearing can go on without you and the Residential Tenancy
Officer will probably decide to evict you. It is best to get legal
help before the hearing. to Find out how to contact your local
Legal Aid Office for advice and information and other community
resources here: Contacts
You might get a lot of papers if your
landlord is trying to evict you. If you have
any difficulty reading and understanding
any of these papers, show them to
someone who can help. You may need to
take legal action right away to stop the
eviction.
What Happens At The Hearing?
At the hearing, a Residential Tenancy Officer will listen to why
your landlord wants to evict you and why you think you should
not be evicted.
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The Residential Tenancy Officer has 14 days after the hearing
date to make a decision. The decision is called an "Order of the
Director". Copies of the order will be sent to you and your
landlord.
Sometimes you can make an agreement with your landlord to
stop the eviction. This kind of agreement is often called a
"settlement". An agreement can be made before the tenancy
hearing or at the tenancy hearing. Try to get legal advice before
signing any papers. Make sure you get a copy of anything you
sign.
Can The Residential Tenancy
During The Winter Months?
Officer
Evict
Me
YES.
The Residential Tenancy Officer can make an eviction order at
any time of year, even during the winter.
Can I Stop The Eviction After The Residential
Tenancy Officer Makes An Order For Eviction?
Even if the Residential Tenancy Officer makes an eviction order,
you still might be able to stop the eviction by appealing to the
Small Claims Court. But you must appeal within 10 calendar days
of the date of the Order of the Director.
Get legal help right away! Contacts
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Can I Be Evicted Without A Hearing?
The ONLY time a Residential Tenancy Officer can order an
eviction without a hearing is for unpaid rent. If this happens, you
might not find out about it until the Residential Tenancy Officer
sends you a copy of the order.
If you find yourself in this situation, then you must act very
quickly to try to stop the eviction by appealing to Small Claims
Court. Get legal help right away!
What If The Eviction Order Is Not Stopped?
You must move out by the date given in the Order unless you
appeal the decision to Small Claims Court. If you do not move out
or appeal the Order of the Director, the landlord can have it made
an Order of Small Claims Court and it can be enforced. This
means a public official called the "Sheriff" can make you leave.
IMPORTANT
The Sheriff is the only person who is allowed to actually force you
out or lock you out. It is against the law for your landlord, a
security guard, or anybody else to do this. Your landlord cannot
change the locks until the Sheriff comes and allows it.
What About My Stuff?
If you are evicted, you have to take all your belongings with you.
The landlord cannot hold or get rid of your belongings except as
part of an order of the Residential Tenancy Officer.
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If you leave your belongings after you have been evicted, the
landlord is supposed to do an inventory and file it with Residential
Tenancies. After 60 days, the landlord can sell or get rid of your
belongings and use the money to pay towards any rent owing and
then to damages or storage costs with the rest of the money to
be turned over to the Public Trustee.
For more information on your belongings see article: Can Your
Landlord Keep Your Belongings
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
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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
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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