Moving Out
This article covers how to give notice, legal ways to move out
early, and what can happen if you do not follow the rules about
moving out.
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
The Rules About Moving Out
To protect yourself from owing money to your landlord after you
move out, you must do one of the following:
 Give your landlord proper notice;
 Make an agreement with your landlord so you can move out
early;
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 Get your landlord to agree to let you assign or sublet your
place;
 Give notice if your landlord refuses to let you assign; or,
 Apply to Residential Tenancies to let you move out early.
You will also learn what can happen if you do not follow the rules
about moving out and what can happen to your belongings if you
leave them behind when you move.
Giving Notice To Your Landlord
Tenants must give proper notice when they want to move. This
means that you must tell your landlord in writing that you are
moving. How much written notice you need to give the landlord
depends on the type of lease you have.
You have to give written notice and your notice must include:
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The address of the place you are moving out of;
The date you are moving;
Your signature; and,
The date you signed the notice.
You do not need to give a reason why you are moving. You must
make sure your landlord receives a copy of your written notice
personally or by registered mail.
For more information, contact Access Nova Scotia or visit their
website: Access Nova Scotia - Residential Tenancies
IMPORTANT
If you do not move out when your notice says you will, your
landlord can apply to Residential Tenancies for an eviction order.
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For your notice to be legal, you must make sure that:
 You choose the right date to end your tenancy, this is known
as your anniversary date; and,
 You give the notice to your landlord on time.
The right date and when to give notice both depend on what kind
of tenancy you have.
DEFINITION
The term tenancy means your legal right to live in your place.
Usually, this right comes from an agreement between you and
your landlord. This agreement might be called a tenancy
agreement, a lease, or a rental agreement. The agreement does
not have to be in writing to be legal. It can be a spoken
agreement or even an unspoken understanding between you and
your landlord.
Choosing the Right Termination Date
The termination date is the day your notice says you will end your
tenancy and move out. There are only certain days that you can
choose as your termination date. To choose the right termination
date, you need to know what kind of tenancy you have:
 If you have an agreement with the landlord to live in a place
for a certain length of time, you have a fixed-term lease. It
will probably be in writing, but it does not have to be. This
tenancy ends on the date stated in the lease.
 If you do not have an agreement for a fixed term lease, then
your lease is either a week-to-week; month-to-month or
year-to-year lease. The date your lease starts is called the
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anniversary date. If your lease does not end on the
anniversary date, it is automatically renewed.
 If you want to terminate your lease, then the chart below
sets out some important dates and how much notice you will
have to give your landlord:
Type of Lease
Year-to-Year
Month-to-Month
Week-to-Week
Manufactured home
space
Notice by Tenant
3 Months before
anniversary date
1 Month before anniversary
date
1 Week before anniversary
date
1 Month before the
termination of the tenancy
IMPORTANT
If you live in a manufactured home space and want to move, then
you MUST give your landlord 1 month’s notice before the end of
your lease. Also, if you do not own your mobile home, you will
also
need
to
give
notice
to
the
owners
of
the
mobile/manufactured home as well.
How to Give Notice
You can give your notice by registered mail, give it to your
landlord in person or deliver the notice to your landlord’s agent.
An agent can be someone who works for your landlord, for
example, the superintendent or someone who works in the
property manager’s office.
Make sure to keep a copy of the notice. If you give the notice to
someone in person, you can ask them to sign and date your copy.
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If you mail your notice, keep a record of when you mailed it. The
best way to do this is to get a receipt from the post office.
It is very important that you give your landlord the notice on
time. If your notice is even one day late, your tenancy will not
end on the termination date you have chosen. That might mean
that you will owe your landlord more money.
Legal Ways to Move Out Early
Sometimes tenants need to move out before the term of the
tenancy is over, or without having enough time to give proper
notice. To be sure that you will not owe extra rent if you are in
this situation, you can:
 Get your landlord to agree to end your tenancy;
 Assign or sublet your place to a new tenant;
 Apply for an Order of the Director of Residential Tenancies
ending your tenancy.
You MAY also be able to leave without giving proper notice if
something happens that makes it impossible for you to live in
your place. For example:
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Significant deterioration in your health;
Your place is not fit to live in;
Acceptance into a nursing home;
Your landlord will not stop harassing you;
Notice by a personal representative;
Income reduction due to deterioration in health; or,
Domestic violence.
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Making an Agreement To Move Early
You can ask your landlord to agree to end your tenancy before
the end of your rental period or term, or on short notice.
Sometimes landlords are happy to do this because they are
allowed to charge a new tenant more rent than they can charge
you.
NOTE
If you live in public housing, you are not allowed to sublet or
assign your lease.
Forms You May Need To Use To Move Early
1. Tenant’s Notice to Quit
This is the form you will give the landlord stating the date you
wish to end your tenancy and how you would like your security
deposit to be returned.
2. Tenant’s Notice to Quit – Early Termination of Tenancy
Important: The following information applies only to yearly or
fixed term tenancies. This is the form you will give the landlord
stating why you want to end your lease early. You use this form if
there is:
 Significant deterioration in your health that has resulted in
a reduction in your income;
 Significant deterioration in your health and your doctor
does not think you can continue in the lease; or,
 You have been accepted into a care home on a permanent
basis.
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If there are other tenants you live with, you have to give each
tenant a copy of this notice as well as the landlord. You will also
use the form to tell the landlord how you would like your security
deposit returned.
3. Physician’s Certificate – Termination of Tenancy for
Health Reasons
This is the form you will have your doctor fill out for ending your
lease early due to significant change in your health.
4. Notice to Quit
Representative
–
Early
Termination
by
Personal
Often this form is only used in the event of the death of the
tenant and where the dead tenant was the only tenant.
HOWEVER: If you are unable to complete the forms on your own,
you can have a personal representative use this form to give the
landlord notice you want to end your lease early.
Assigning Your Lease
Another legal way to move out early is to sublet or assign your
place to a new tenant.
Assigning means that the new tenant takes over your tenancy.
You are not returning to your place. The new tenant will make a
new agreement with the landlord and the rent will stay the same.
The landlord has to return your security deposit to you upon
receiving a security deposit from the new tenant.
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Subletting Your Lease
If you only want to leave your place for a few months and then
return, you might be able to sublet to someone else while you are
gone. A new lease will not be signed.
You are responsible for giving notice to end the lease.
IMPORTANT
Be careful who you choose to sublet to. You will be responsible
if that person causes damage or does not pay all the rent.
Can Your Landlord Say No?
If your request to assign or sublet your lease is reasonable, the
landlord must allow you to assign or sublet your place. It is your
responsibility to find someone to sublet or assign the lease. The
landlord has the right to approve the person you choose unless
there is good reason to not approve the person.
A good reason would be if the new tenant has no income.
The landlord can charge you a fee to assign or sublet your lease
but no more than $75.00 and only if the landlord incurred actual
expenses.
Problems With Assigning And Subletting
Try to get legal help if your landlord:
 Says that you cannot sublet to anyone;
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 Says that you can sublet or assign, but then rejects the
tenants you suggest without giving you a good reason;
 Discriminates against people you want to assign or sublet to,
for reasons such as race, religion, colour, sex, marital
status, sexual orientation, being on Income Assistance, or
having children; or,
 Charges you a sublet or assignment fee that is more than
your landlord had to spend on things like advertising and
credit checks.
Applying To Residential Tenancies To End Your
Tenancy
For more information on the forms you will need to fill out in
order to end your tenancy early: Forms You May Need to Use to
Move Early.
If you are thinking about ending your tenancy early, you should
seek legal advice. Find information on how to contact your local
Legal Aid Office and other community resources here: Contacts
You can ask the Residential Tenancy Officer to let you move out
early if your landlord:
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Harasses you;
Refuses to fix serious repair problems;
Enters your apartment illegally;
Changes the locks and does not give you a key;
Interferes with the heat, water, electricity, or other utilities;
Does other things that make it unpleasant to live in your
apartment; or,
 Unreasonable when you ask to assign or sublet.
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You can also ask the Residential Tenancy Officer for other
solutions to your problem. Try to get legal advice if you are
applying to Residential Tenancies.
Moving Without Giving Proper Notice
If you do not give the right amount of notice when you move out
and do not take any of the other steps described in this article,
your tenancy will not end when you move out. You might owe
rent for the time until your tenancy does end.
If you gave incorrect notice, your tenancy will end on the earliest
date that it could have ended, according to your lease.
If you did not give any notice, the rule is the same, except that
the law pretends you gave a proper notice on the day your
landlord found out you had moved.
Your tenancy can end sooner if a new tenant moves in. Your
landlord must try to find a new tenant as soon as possible, rather
than waiting until your tenancy ends. So it is usually a good idea
to make it easier for your landlord to rent the place to someone
else. For example, you can make sure your landlord knows when
you will be moving, even if you cannot give proper notice.
Damages
When you move out, make sure your place is as clean as when
you moved in and not damaged. If you do not, your landlord will
probably not give you a good reference when you are looking for
a new place to live.
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If you think your landlord might try to make you pay for repairs
or cleaning, make sure you have proof that you left your
apartment in good shape. You could do this by taking pictures of
your place when you move out – if possible, try to ensure that
the pictures are date stamped by your camera. Or, you could
have someone look at your place just before you leave.
Your landlord can apply to Residential Tenancies for damages if
your place is damaged. Your landlord cannot charge you for
reasonable wear and tear or damages that were not caused by
you or your guest.
If you paid a security deposit when your tenancy started, your
landlord is not allowed to keep it to pay for damage, unless you
agree. If you do not agree, the landlord will have to file an
application with Residential Tenancies.
The reality is that landlords often hold security deposits until you
(the tenant) make an application to get it back.
IMPORTANT: If the landlord fails to file the security deposit
application within 10 Days of the end of the tenancy (when your
lease ends) then your security deposit MUST be repaid to you.
For more information on security deposits call Access Nova Scotia
or go to their website: Access Nova Scotia - Residential Tenancies
- Security Deposit Calculator
Personal Belongings
Make sure you take all of your belongings with you when you
leave your place, unless you are subletting and will be coming
back.
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If you leave any of your belongings behind, the landlord should
make an inventory of all items and file it with Residential
Tenancies. If you do not reclaim your belongings after 60 days,
your landlord can sell or get rid of your belongings. Any money
your landlord makes from selling your stuff is to first go towards
unpaid rent and then to any damages. Any money left over is to
be given to the Public Trustee.
IMPORTANT: For more information on your personal belongings
see the 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
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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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