Fighting An Eviction
It is against the law for your landlord to force you to move out
without an order from the Residential Tenancies Officer. This
article explains what your landlord must do to get an order and
what you can do to stop it.
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
What Does My Landlord Have To Do To Evict Me?
To evict you, your landlord must follow certain steps set out in
the Residential Tenancies Act (RTA).
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If you do not want to move out, your landlord will have to make
an application to Residential Tenancies and will have to serve you
with a copy of the application and a hearing date. At the hearing,
the Residential Tenancy Officer will meet with both you and the
landlord. The hearing will deal with any conflicts between
landlords and tenants that are covered by the RTA.
Below are some papers you might get if your landlord is trying to
evict you:
1. Landlord’s Notice to Quit for Rental Arrears
This tells you the date your landlord wants you to move out
because you are behind in rent. The notice will tell you how much
you owe in rent.
You have 15 days after receiving the Notice to Quit for Rental
Arrears to pay your rental arrears. If you pay your rental arrears,
the Notice is void. You cannot be evicted.
Or, you can file an Application with the Director at Access Nova
Scotia for an order setting aside the Notice to Quit. This is called
a Form J application.
IMPORTANT
If you do not pay your rental arrears or file an application
within 15 days, the landlord can apply to the Director for an
order, without any further notice to you.
The Residential Tenancy Officer can make one or more of the
following orders:
 Eviction;
 Order for rental arrears;
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 Order to keep the security deposit and interest to be
applied against rental arrears owing.
2. Landlord’s Notice to Quit – Breach of Statutory Condition
Additional Circumstances
This tells you that your landlord wants you to move out because
you have breached one or more of the following statutory
conditions:




Good behavior;
Obligation of the tenant;
Subletting without consent of the landlord;
Compliance with municipal by-laws in a land lease
community.
If you do not agree, you may file an Application with Residential
Tenancies for an order to set aside the Notice to Quit. This is
called an Application to Director. If you do not move out by the
date in the Notice, the landlord will have to make an application
to Residential Tenancies.
3. Landlord’s Notice to Quit – Additional Circumstances
This tells you that your landlord wants you to move out because
you pose a risk to the safety or security of the landlord or other
tenants in the same building. The notice will tell you when the
landlord wants you to leave.
If you do not move out by the date in the notice, the landlord will
have to make an application to Residential Tenancies.
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What Is The Application To Director?
This is the form you or the landlord will file at Access Nova Scotia
if there is conflict or disagreement about your tenancy.
You will file this form to set aside the landlord’s Notice to Quit for
Rental Arrears. The landlord will file this form to get an order for
eviction.
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 and for yourself;
 Information about your lease;
 Information about why the landlord wants to evict you or
why you do not want to leave.
The form has to be served on you or the landlord by personal
service, registered mail or substituted service.
At the hearing, the Residential Tenancy Officer can attempt to
mediate the conflict between you and the landlord if you both
agree. If you and the landlord cannot reach an agreement
through mediation, the Residential Tenancy Officer will hear from
both of you and review any materials you have for them.
What Is An Order Of The Director?
After the Residential Tenancy Officer holds a hearing, he/she will
have 14 days to put their decision in writing.
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This called an Order of the Director. The Residential Tenancy
Officer mails copies of the order to you and the landlord.
IMPORTANT
If you miss the hearing, the Residential Tenancy Officer will
probably make an order for your eviction and/or payment of
money for arrears of rent and/or damages and what happens to
your security deposit.
The next section tells you more about the eviction process and
what you can do.
Does My Landlord Have To Give Me Notice?
YES.
Your landlord has to give you written notice if the landlord wants
you to leave.
If your landlord wants to evict you, the first step is to give you
written notice. Your landlord must do this by personal service,
registered mail or substituted service.
The notice must tell you the reason why your landlord wants you
to leave. It must be one of the reasons listed in the Residential
Tenancies Act (RTA).
The Notice will be on a form that is called a Notice to Quit and it
will give the date for you to leave. You can void the notice for
rental arrears by paying the arrears in full. You can also file an
application with Residential Tenancies to set aside the notice.
The notice must tell you the date your landlord wants you to
move. If the notice is for anything other than unpaid rent, the
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landlord has to make an application to Residential Tenancies to
evict you.
The notice must also tell you what you can do to cancel it for
unpaid rent. For example, if you owe rent, it must tell you exactly
how much and when you must pay it to cancel the notice.
IMPORTANT: Dates to remember if you get a “Notice
to Quit for Rental Arrears”
Lease
Fixed
When Notice Can be
Given by the Landlord
15 days after next due
Yearly/Monthly 15 days after next due
Weekly
15 days after next due
Time to Respond
Tenant
15 days after
given
15 days after
given
7 days after
given
by the
notice
notice
notice
What Happens When My Landlord Files an
Application With Residential Tenancies?
If you do not cancel the notice or move out, your landlord can
apply to Residential Tenancies for an eviction order. The landlord
has to pay a fee of $30.25. It will have a name of Application to
Director.
Getting these papers does not mean you have to leave. You can
be evicted only if the Residential Tenancy Officer makes an
eviction order after holding a hearing.
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IMPORTANT
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, you
must act quickly to try and stop the eviction by appealing to
Small Claims Court.
Find information on how to contact your local Legal Aid Office for
legal advice and/or information and other community resources
here: Contacts
For everything else, your landlord must give you a copy of this
form. Your landlord can do this by handing it to you, by
registered mail or substituted service.
The Application to Director tells you the date, time, and place of
your hearing. It is very important that you go to the hearing, or
send someone who can represent you. If you send someone, give
them written permission to represent you and make sure they
take it with them. If you do not go or send someone, the
Residential Tenancy Officer will probably decide to evict you.
What Can I Do Before The Hearing?
Make sure to get more information and legal help before making
a decision as to what to do. Below are some examples of things
you can do:
1.
Stop the Application By Paying What Your Landlord
Says You Owe
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If your landlord has applied to evict you because you owe rent,
you can stop the eviction if you pay what your landlord says you
owe by the time to respond or before the hearing. The form your
landlord gave you should have details about the amount you have
to pay to stop the eviction (usually this includes the $30.25 fee
your landlord paid to the Residential Tenancy Officer and charges
for any bounced or NSF cheques).
You can pay the full amount to your landlord or to the Residential
Tenancy Officer. Get a receipt. Bring the receipt to the hearing to
make sure the landlord’s application is stopped.
2.
Make An Agreement With Your Landlord
If you cannot pay what you owe or you do not agree with the
amount the landlord says you owe, or if the application is about
something else, you can try to make an agreement with your
landlord to stop the eviction.
This is sometimes called a
“settlement” agreement. You can do this before the hearing or at
the hearing. Put any proposal you have, in writing.
The Residential Tenancy Officer can act as a mediator who will try
to help you and your landlord reach an agreement. They might
phone you before your hearing or speak to you on the day of
your hearing.
If neither you nor the landlord agrees to
mediation, the Residential Tenancy Officer will start the hearing.
Either way, you can bring a lawyer or someone else to help you,
such as a family member, a friend, or other advocate.
You do not have to make an agreement with your landlord. But,
sometimes making an agreement with your landlord is the best
thing. For example, if you owe rent but cannot pay it before the
hearing, an agreement might include a payment plan that gives
you more time.
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It is important to be very careful about signing an agreement. If
you sign a mediated agreement but then do not follow it, your
landlord may file a further application with Residential Tenancies
for an eviction order or tell the Residential Tenancy Officer you
did not follow the agreement and the Residential Tenancy Officer
will make an Order of the Director.
Before you sign any settlement agreement, try to get legal
advice, and make sure the agreement:
 Says exactly what you agreed to; and,
 Does not include anything you think is not fair or that you
will not be able to do.
The Residential Tenancy Officer will draw up the agreement and
have both of you sign it. You will each be given a copy.
3.
Prepare For The Hearing
If you cannot stop the hearing from going ahead, you will have to
prepare for the hearing. You might need to arrange for witnesses
to come to the hearing, or you might need to make copies of
papers or photographs you want to use at the hearing.
The Residential Tenancy Officer will give you information about
how to prepare for your hearing and what will happen at your
hearing. If you do not receive this, call Access Nova Scotia 1877-848-2578 or go to their website: Access Nova Scotia Residential Tenancies - Mediation and Hearings
You may also apply to your local office of Nova Scotia Legal Aid
for advice and/or assistance.
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What Happens At The Hearing?
If there is a hearing, the Residential Tenancy Officer will listen to
why your landlord wants to evict you and why you think you
should not be evicted.
It is up to your landlord to prove to the Residential Tenancy
Officer that there is a legal reason to evict you. You have the
right to question or challenge any witnesses or evidence your
landlord brings to the hearing. And you have the right to speak
and to bring your own evidence and witnesses.
Even if the Residential Tenancy Officer agrees that there is a legal
reason to evict you, they can still decide not to evict you. The
Residential Tenancy Officer must always look at all the facts, for
example, how being evicted would affect you or your family. The
Residential Tenancy Officer must also look at whether your
landlord has been following the law and the rental agreement.
KEY POINT
To help you prove what you are saying, it is very important to
bring evidence to your hearing, such as witnesses, photos, audio
or video recordings, inspectors’ reports, work orders, letters, or
receipts.
If your landlord’s application is about you owing rent and if the
Residential Tenancy Officer decides that your landlord has not
been following the law or the rental agreement, the Officer can
also make orders to deal with those problems. For example, if
the Residential Tenancy Officer decides that there are repair
problems, the Officer could order your landlord to fix the
problems or cancel some of the rent that you owe.
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The Residential Tenancy Officer will almost never cancel all the
rent you owe. So, if you do owe rent, you should still try to
suggest a payment plan that you think you will be able to follow.
The Residential Tenancy Officer will make a decision either at the
end of the hearing or later. The Residential Tenancy Officer will
put this order in writing and send copies to you and your
landlord.
What If There Is An Eviction Order Against Me?
If you do not want to move, you must do something about the
eviction order right away. You must file an appeal to Small Claims
Court within 10 calendar days of the order. When you file the
appeal, you should ask if you qualify for a waiver of fees.
4.
If There Was A Hearing
The Residential Tenancy Officer may have made the eviction
order because the Officer at the hearing agreed with your
landlord or because you missed the hearing. If either of these
things happened, you might be able to stop the eviction by filing
an appeal in court. If the eviction is based on you owing rent, you
might also be able to stop it by paying everything you owe plus
the application fee the landlord paid.
But, you must act very quickly and you must follow exactly the
right steps. So it is best to get more detailed information or legal
help first. Find information on how to contact your local Legal Aid
Office for advice and/or information and other community
resources here: Contacts
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5.
If There Was No Hearing
In some situations, the Residential Tenancy Officer can make an
eviction order without holding a hearing but only for unpaid rent.
If the eviction is based on you owing rent, you might also be able
to stop it by paying everything you owe plus the application fee
the landlord paid.
But, you must act very quickly and you must follow exactly the
right steps. So it is best to get more detailed information or legal
help first. Find information on how to contact your local Legal Aid
Office for advice and/or information and other community
resources here: Contacts
How Will The Eviction Order Be Enforced?
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, the landlord can have the Order of the
Director made an order of the Small Claims Court and it can be
enforced. This means a public official called the "Sheriff" can
make you leave.
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.
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What About My Belongings?
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.
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 based on the direction of the
residential tenancy officer. For more information see: Can Your
Landlord Keeping 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
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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
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.
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Sheriff’s Office (Halifax)
Telephone: 1-902-424 8212
1815 Upper Water Street, Halifax Nova Scotia.
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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