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EVICTIONS:

THE LAW:

If you have unpaid rent (also called rent that is in ‘arrears’) your landlord CAN EVICT you, but must give proper notice.

Your landlord can evict you if ANY of the rent is unpaid, even if you have paid some of it.

Notice for Eviction for Unpaid Rent:

Ÿ         Your landlord CANNOT give you notice until rent has been unpaid for a full 30 days in a yearly or monthly lease or a full 15 days in a weekly lease. 

Ÿ         You do NOT have to agree to leave.

Ÿ         You do not have to move out on the date given in the Notice to Quit. A landlord cannot legally evict you (get the sheriff to come and remove your belongings and change the locks) until the landlord has gotten an order of “Vacant Possession” from Residential Tenancies. To do that, the landlord must file an application (complaint) and give you a copy. A hearing date will be set and nothing can happen before that.

Ÿ         Even if you think you will lose at a hearing, you can let your landlord file anyway because it will buy you time.

Ÿ         If at some point after you have received a ‘notice to quit’ (with proper notice time) and you then pay the rent that you owe, your landlord can accept it and still decide to evict you if the landlord chooses.

Ÿ         If your landlord collects any rent that is over the amount that is overdue (or in ‘arrears’) for any time that you will live in the unit past the notice to quit date, then the landlord can no longer evict you. By accepting rent for any time after the notice to quit date, the landlord is deemed to be accepting your tenancy. (For example, your landlord can give you a ‘notice to quit’ for Feb 15 if you didn’t pay Jan rent. But if you pay Jan rent and the landlord accepts full payment for Feb rent, the landlord can no longer evict you because they accepted rent for after the ‘notice to quit’ date).

 Avoiding Eviction for Unpaid Rent:

           If you plan to get the money to pay the rent that you owe at some point, you may try working out a deal with your landlord to pay some of the rent and work out when the rest of the rent can be paid later.  Often landlords would rather just get paid then find a new tenant.

          If you make any sort of agreement make sure to get it in writing!!!

          If your landlord still insists on evicting you, putting pressure on your landlord may shame them into letting you pay later and not evict you (see Tenant Organizing). This would work well if you have already paid all of the unpaid rent, but your landlord still insists on evicting you.  

EVICTION FOR OTHER REASONS:

Behaviour:

§      Your landlord CAN EVICT you if you are disruptive or have unacceptable behaviour. 

§      Your landlord MUST apply to Residential Tenancies to determine if you are not acting with ‘good behaviour’.  What is considered ‘Good Behaviour’ is unclear in the Act and it will be up to the Residential Tenancies Officer to decide. 

§      You will go to a hearing. If the Residential Tenancies Officer decides that you are not of ‘good behaviour’, you will have to move out. The amount of time that you will have before you will have to move out will be decided on a case by case basis by the Residential Tenancies Officer.

Safety and Security:

§      If you are doing something that poses a risk to the safety or security of the landlord or other tenants you CAN be evicted.

§      You will get 5 days notice.  If you refuse to leave, the landlord must file with Residential Tenancies and you will get a hearing.

§      Your landlord CANNOT EVICT you if you are doing something illegal as long as it doesn’t pose a risk to safety and security or is disruptive, but be careful – they can still call the police.

The Landlord’s Property is Sold:

§      If the landlord sells the property, you CANNOT be evicted. Everything stays the same- you just have a new landlord.

§      If the landlord’s property is seized by the bank or by someone else who the landlord owes money, you can be evicted with three months notice.

The Landlord needs the Property for Their Own Use:

 §     If the landlord needs the property for their own use or would like to do renovations that require the building to be empty and the landlord has a building permit, the landlord MUST apply to Residential Tenancies to evict you if they want you to leave before the end of your lease. If you have ‘security of tenure’ (see section on ENDING A LEASE), your landlord MUST take you to a Residential Tenancies hearing no matter what.

§     The Residential Tenancies Officer will decide how long you have before you must leave: they may decide anywhere from a couple of weeks to six months.

The End of a Lease:

 §     If you do not have ‘security of tenure,’ your landlord can evict you at the end of your lease for no reason. Your landlord MUST give you proper notice. (see section on ENDING A LEASE), for notice periods to not renew a lease.

 Notice and Cause for Evictions:

Landlords do not always follow notice periods. They will try to get rid of people they believe are being a problem. Landlords also tell tenants they must leave by the date specified in the notice to quit. This is NOT true.

          You do not have to move out on the date on the notice to quit. Your landlord MUST file an application with Residential Tenancies to have a hearing. Your landlord will then have to prove that you are doing whatever your landlord says you are doing. You do not have to move until the landlord has an order of “vacant possession.”

          If your landlord is trying to evict you because you are standing up for your rights, you can claim that your landlord is making a ‘retaliatory action.’ If Residential Tenancies agrees that your landlord is trying to evict you in a response to you asserting your rights, they will stop the eviction.

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.