Information for tenants in Nova Scotia

 

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DEFINITIONS:

Adjourn – To delay a hearing to a later date or time.

Affidavit - When a person states in the presence of a commissioner of oaths that the statement is correct and signs the document in the presence of the commissioner.

Anniversary Date – The date that you entered into the lease agreement which stays the same for each year after that, regardless if you have a weekly, monthly or yearly lease.

Applicant - The person who is filing the application.

Application to Director – The form that you fill out to file a claim with Residential Tenancies.

Assign/Assignment - When a tenant, with the consent of the landlord, gives all the obligations and rights in a lease to another person. The original tenant will not be returning to the unit.

Arrears – Rent or other money that is overdue.  

Claim - The process of demanding something of another person.

Co-signer - A joint signer to a contract/lease.

Court Order - A court document, signed by a Judge and the sheriff is responsible to carry out the order.

Director – The head of Residential Tenancies. Residential Tenancies Officers can act like the Director. When you fill out forms, it is to this person.

Director's Order - The written decision of the hearing.

Evidence - Information provided to support something a landlord or tenant has said at the hearing. Evidence may include oral or sworn statements, letters, condition reports, other reports, photographs, materials from the unit, video tapes, bills or invoices and receipts.

Fixed Term Lease - A fixed term lease is a leasing agreement with a specified beginning and ending date. Example: January 1, 1999 to August 31, 1999 .

Hearing - A meeting where the applicant and respondent have the opportunity to present all their information.

Landlord - A person who agrees to allow another person to live in the premise. A landlord can have a representative who acts on his/her behalf.

Lease - A written contract signed in regards to the renting of a property.

Notice to Quit - A written announcement given by the landlord or the tenant to end a tenancy.

Order – See Director’s Order

Public Housing Program - A premise offered to tenants of low or modest income and is funded by the Government of Canada, the Province or Municipality or any of their agencies.

Reasonable Rule - A rule that is equally applied to all the tenants in the premise. A rule is “reasonable” if: it ensures that services are fairly distributed to all tenants; promotes safety, comfort, and well-being of all tenants; or protects the landlord’s property from abuse. These rules must be given to the tenant before the tenant signs the lease.

Rent - Money or other value provided in exchange for the consent to occupy a premise.

Residential Premise - A house, apartment, room, mobile home, mobile home park, mobile home space that is or could be occupied by a person as a residence.

Residential Tenancy Officer - A person who is appointed under the Residential Tenancies Act to carry out a hearing.

Respondent - The person an application is filed against.

Security of Tenure - A tenant who has lived in the same unit for more than five ongoing years.

Sublet - When a tenant, with the consent of the landlord, gives all their obligations and rights of the lease to another person, for a period of time, during the course of the rental agreement. The original tenant is still responsible for the lease. The original tenant intends on coming back to the unit before the end of the rental agreement.

Security Deposit - Money paid to the landlord by the tenant in addition to rent.

Statutory Conditions – Rules that all landlords and tenants must follow no matter what.

Terminating a Tenancy – This refers to the process whereby a tenant or a landlord ends the tenant’s stay in a rental unit.

Tenant - A person or a group who agree to rent from another.

Vacant Possession – Another word for eviction. What the landlord is seeking during eviction or at the termination of a lease. 

Wear and Tear - A common degree of decline or lower value caused to the premise from the normal use of the premise. Example: A mark on a wall where a couch had been placed or the wearing of a carpet in a traffic area.

The information on this site contains general legal information only and is not intended to serve as a replacement for professional or other legal advice.  Further, this guide only applies to Residential Tenancies in Nova Scotia. 
Last updated: November 19, 2006.