The Eviction Process in Nova Scotia: A Landlord's Legal Guide

Understanding the Eviction Process in Nova Scotia

Eviction is one of the most serious actions a landlord can take, and the Nova Scotia Residential Tenancies Act (RTA) sets strict rules to ensure it is carried out fairly and lawfully. Landlords cannot simply tell a tenant to leave. There is a defined legal process that must be followed, and tenants have the right to dispute any eviction.

This guide walks landlords through every step of the eviction process in Nova Scotia, from valid grounds to enforcement.

Valid Grounds for Eviction

Under the RTA, landlords can only seek to terminate a tenancy for specific, legally recognized reasons. The most common grounds include:

Non-Payment of Rent

The most straightforward ground for eviction. If a tenant fails to pay rent when due, the landlord can issue a notice to quit. However, the tenant has the right to pay the arrears within a specified period to avoid eviction.

Breach of Lease Terms

If a tenant violates a material term of the lease agreement, such as unauthorized subletting, significant property damage, or persistent disturbances, the landlord may issue a notice to quit. The breach must be substantive, not trivial.

Landlord's Own Use

A landlord (or their immediate family member) may seek to occupy the unit. This requires proper notice and good faith; the unit must genuinely be needed for personal use.

Major Renovations

If substantial renovations are planned that require the unit to be vacant, the landlord may seek to terminate the tenancy. However, renoviction protections apply, and tenants have significant rights in this scenario.

Safety Concerns

If a tenant's behaviour poses a safety risk to other tenants or the property, this can be grounds for eviction.

Notice Requirements

Types of Notices

The RTA prescribes specific notice periods depending on the grounds:

• Non-payment of rent: 15 days' notice. The tenant can avoid eviction by paying the full amount owed within the notice period.
• Breach of lease: typically 15 days for the first notice, which gives the tenant an opportunity to remedy the breach.
• Landlord's own use: varies; typically requires several months' notice.
• Major renovations: requires extended notice and may involve compensation to the tenant.

Notice Format

All eviction notices must:

• Be in writing
• State the reason for the eviction
• Specify the date by which the tenant must vacate
• Be delivered to the tenant personally, by registered mail, or by another confirmed method
• Use the prescribed form where one exists

Serving the Notice

Proper service is critical. If you cannot prove the tenant received the notice, the entire process may be invalid. Keep records of delivery dates and methods.

The Hearing Process

Filing with the Residential Tenancies Board

If the tenant does not vacate by the date specified in the notice, the landlord must file an application with the Residential Tenancies Board. You cannot physically remove a tenant yourself; that is illegal.

Preparing for the Hearing

Gather the following:

• Copy of the lease agreement
• Copy of the notice served to the tenant
• Proof of service (delivery confirmation, witness statement)
• Documentation of the grounds (rent payment records, photos of damage, incident reports)
• Any relevant correspondence between you and the tenant

The Hearing

Both the landlord and tenant will have the opportunity to present their case. Hearings are typically conducted by a Residential Tenancies Officer. The process is less formal than court but follows structured procedures:

1. The landlord presents their case first, including evidence and witnesses.
2. The tenant responds, presenting their side and any evidence.
3. The officer may ask questions of both parties.
4. A decision is issued, either at the hearing or shortly after.

Possible Outcomes

The officer may:

• Grant the eviction, issuing an order for the tenant to vacate by a specified date.
• Deny the eviction, if the grounds are insufficient or the process was flawed.
• Impose conditions, such as giving the tenant additional time or requiring the landlord to take specific steps.
• Order compensation for the tenant if the eviction is found to be improper.

Enforcement

If the tenant does not comply with an eviction order, the landlord must apply for enforcement through the courts. The sheriff's office can execute a physical eviction if necessary.

Important: Self-help evictions (changing locks, removing the tenant's belongings, shutting off utilities) are illegal in Nova Scotia. Landlords who engage in self-help evictions can face significant penalties.

Costs and Timelines

The eviction process in Nova Scotia can take several weeks to several months, depending on the circumstances:

• Filing fees: the Residential Tenancies Board charges a filing fee for applications.
• Legal costs: while representation is not required, some landlords choose to engage a paralegal or lawyer.
• Lost rent: during the eviction process, the tenant may or may not continue paying rent.
• Vacancy costs: after eviction, you may face costs for cleaning, repairs, and finding a new tenant.

These costs underscore the importance of thorough tenant screening and proper lease management.

Avoiding Evictions

Prevention is far better than eviction. Consider these strategies:

Strong Tenant Screening

A thorough screening process, including credit checks, employment verification, and reference checks, reduces the likelihood of problematic tenancies. Professional property management services include comprehensive screening as a standard practice.

Clear Communication

Many issues that lead to eviction can be resolved through early, direct communication. Address problems when they are small, and document all interactions.

Proper Lease Agreements

A clear, comprehensive lease agreement that complies with the RTA sets expectations from the start and provides a framework for resolving issues.

Understanding the Full Legal Framework

Landlords who understand the complete RTA, including rent increase rules, security deposit requirements, and entry rules, are less likely to find themselves in adversarial situations with tenants.

Special Situations

Domestic Violence

Nova Scotia law provides special protections for tenants experiencing domestic violence, including the ability to terminate a lease early without penalty.

Tenant Abandonment

If a tenant appears to have abandoned the unit, specific procedures must be followed before the landlord can re-enter and re-rent the property.

Death of a Tenant

The tenancy does not automatically end upon the death of a tenant. The estate is responsible for the lease, and specific procedures apply.

Dealing with Property Damage During Eviction

If the tenant has caused significant damage to the property, document everything thoroughly. You may pursue financial compensation through the Residential Tenancies Board or small claims court. Our guide on dealing with property damage provides detailed advice.

Professional Property Management and Evictions

The eviction process is stressful, time-consuming, and legally complex. At Nova Solutions Property Management, we handle the entire process on behalf of property owners, from issuing notices to representing the owner at hearings. Our goal is always to resolve issues before eviction becomes necessary, but when it is required, we ensure full legal compliance.

We manage rental properties across Nova Scotia, including Halifax and Yarmouth. Contact us to learn how our property management services can protect your investment. Visit our pricing page for service details or check our FAQ for common questions.