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LEASES:

THE LAW

  A Standard Form of Lease:

A landlord cannot just make up what can be on a lease. Landlords must give tenants a “Standard Form of Lease.” This is a lease that is approved by Residential Tenancies. You can get a copy at an Access Nova Scotia Centre (see Resources) or online at http://www.gov.ns.ca/snsmr/consumer/resten/forms.asp

If the landlord puts anything in a lease that contradicts the “standard form of lease” or the Act, it is not valid. Even if you sign it, you do not have to abide by it. CAREFUL: a landlord is allowed to put in their own rules, as long as they are reasonable, and you will be held responsible for those rules if you sign (see Landlord’s Rules).

 

If you have a verbal agreement, you are considered to have signed a Standard Form of Lease.

 

 

 

Before You Sign:

*       Make sure you go through the unit and VERY CAREFULLY document EVERYTHING that is damaged. Even if you don’t care if it is damaged, the landlord may try to charge you for it when you move out. Landlords love to keep security deposits- it is the most common dispute heard by Residential Tenancies.

*       Make sure everything is written down. It would be a good idea to write it down yourself, that way you can be sure that everything is documented. Make sure you both sign it.

*       If the landlord says that they will fix anything while you are going through the unit, make sure you get this in writing and a date that the repair will be done.

*       The landlord will likely become irritated by your insistence on asserting your rights. Don’t let this prevent you from making sure the landlord can’t get out of their responsibilities.

*       REMEMBER: At this point in the game, you have just as much power as the landlord, perhaps even more. Be patient and polite, but don’t take any harassment or intimidation.


Signing a Lease:

A LEASE IS A LEGALLY BINDING CONTRACT. This means that you will be held responsible for all things you sign in the lease (as long as it doesn’t contradict the Act). If you or the landlord violates anything in the lease, you can be taken to court (a Residential Tenancies hearing or Small Claims Court). If there is something on the lease that is not the same on both your copy and the landlord’s copy, it is not valid.

 

Receiving a Copy of the Lease and the Act:

Your landlord MUST give you a copy of the lease and the Act within 10 days of becoming a tenant. If you do not receive a copy of either of these or if you receive it after 10 days, you can end your lease (also called ‘terminating your tenancy’) and move out within three months. You can find the most recent version of the Act online at http://www.gov.ns.ca/legi/legc/statutes/resident.htm or at any Access Nova Scotia centre (see Resources, for locations).

 

Contact information for your landlord:

Your landlord MUST give you:

Ÿ         The landlords name, address, and telephone number OR

Ÿ         The name, address and telephone number for someone responsible for the property.

Types of Leases and Renewals:

  There are 4 types of leases:

§         weekly

§         monthly

§         yearly

§         fixed-term

, the lease will automatically renew itself each week, month, or year (depending on what type of lease) unless there is proper notice given by either you or the landlord to not renew a lease

(see Ending a Lease for notice periods).

In a fixed-term lease, the lease will automatically end on the date specified on the lease. If the tenant with a fixed-term lease stays in the unit with the consent of the owner, the lease is considered to be changed to a monthly lease.

You can change a year-to-year lease to a month-to-month lease if you give 3 months notice in writing before the end of your yearly lease to switch to a month-to-month lease. Your landlord cannot randomly or unreasonably disagree. This is only true for the tenant. The landlord cannot change a yearly lease to a monthly lease unless you agree and sign a new lease.

 

Landlord’s Rules:

A landlord can put their own rules into a lease as long as the rules don’t conflict with the act and they must be “reasonable.”

A rule is “reasonable” if:

Ÿ         It ensures that services are fairly distributed to all tenants

Ÿ         Promotes safety, comfort, and well-being of all tenants

Ÿ         Protects landlord’s property from abuse

 

Examples of ‘reasonable’ rules may be: No smoking, no pets, don’t put nails in the wall, have carpets steam cleaned at your expense when you move out.

 

REALITY

§         Leases can be long and overwhelming. It is important to read or have your landlord read to you what you are signing, even if a landlord becomes impatient- it is their own fault for making so many rules!

Ÿ         Landlords may include rules that you don’t agree with. When you object the landlord may say that some of the rules are mandatory (required by heath/ safety laws, etc.)- THIS IS NOT TRUE. Anything required by law is set out in the Act and the Standard Form of Lease without any of the landlord’s additional rules.

 

THINGS TO TRY

*       Ask that the rules you are uncomfortable with be changed. A landlord can change the rules. As a potential tenant you have a certain amount of power over your landlord. If you are at the lease signing stage, the landlord wants to rent to you and would not enjoy the hassle of finding another tenant (especially if it is close to the beginning of the month).  

Text Box: DO NOT TAKE THE LANDLORD’S WORD FOR ANYTHING! NO MATTER HOW NICE THEY SEEM, YOU’D BE SURPRISED HOW MANY NICE LANDLORDS TURN NASTY WHEN SOMETHING DOESN’T GO THEIR WAY. GET EVERYTHING IN WRITING!!

*       State firmly that you do not agree with the rule and may not sign the lease because of it. If you don’t feel comfortable doing this, you may want to bring along a friend who can support you. The landlord may change the rule (depending on the rule and the landlord, of course).

*       If the landlord agrees, GET IT IN WRITING. Don’t sign anything until the rule has been changed on both your and the landlord’s copy of the lease.  

 

 

 

 

 

 

 

 

 

 

 

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.