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THE LEGAL PROCESS:

If you cannot work through a problem with a landlord, there are formal ways to address the issue. You can file with Residential Tenancies for any conflict you have with your landlord.

This process can take a long time and may have some fees, but it is an option for people to address injustices through the legal system. If this process doesn’t work or is not practical for you, see Tenant Organizing.

Below is a brief outline of the steps of this process. The following pages will go through each step in more detail.

THE APPLICATION:

Fill out an ‘Application to Director.’ You can get the form online at www.gov.ns.ca/snsmr/forms/resten.asp or call 1-800-670-4357. You can also get this at an Access Nova Scotia centre. They will help you to fill out the form when you file. 

Make sure you fill out each section that applies. For example, if you are applying to get a security deposit back, check off ‘disposition of security deposit’ and ‘payment of money.’ Briefly explain on the application the reasons why you think that you should get what you are asking for. If you want to go into more detail, attach another sheet.

FILING:

Complete the ‘Application to Director’ and file it with Residential Tenancies in an Access Nova Scotia Centre. Locations are listed in the Resources section. You will be given a hearing date when you file.

There is a $25 fee. If you receive guaranteed income supplement, social assistance, or family benefits you do not have to pay the fee. Make sure to bring a copy of your income statement.

SERVING:

You have to give your landlord a copy of the ‘Application to Director’ and prove that you did it. This is called ‘serving.’ You can do it in person or by registered mail. If you do it in person and your landlord refuses to take it, you can drop it at your landlord’s feet and that is considered serving.

If you serve in person you must fill out an ‘Affidavit of Service.’

The ‘Affidavit of Service’ is just a form that you need to sign to swear that you served. You will get a copy of this form when you file your Application at Access Nova Scotia . You must then return the ‘Affidavit of Service’ to Access Nova Scotia to prove that you have served your landlord. The Affidavit must be signed by someone who is a Commissioner of Oaths.  The people at Access Nova Scotia are Commissioners of Oaths, so they can sign it for you when you bring it back to them. You must serve your landlord and deliver the ‘Affidavit of Service’ to the Access Nova Scotia Centre where you filed at least 10 days before the hearing. This is so the Residential Tenancy Officer knows that everyone has been made aware that there is a hearing.

If you try to serve your landlord but are unsuccessful, you can request ‘Substituted Service.’ Call the Residential Tenancy Officer listed on your application to do this.

PREPARE FOR THE HEARING:

ATTENDING THE HEARING:

The hearing is in an informal setting. It is not a courtroom. You will sit around a table with your landlord or the landlord’s representative and the Residential Tenancy Officer. You do not need a lawyer.

MEDIATION:

THE HEARING:

During the hearing, it will be up to you to prove your case.

If the landlord filed the application, the landlord will present any evidence first. Listen carefully to what your landlord presents. Don’t interrupt. You will have a chance to question what your landlord says and present what happened from your point of view after you landlord speaks. Stay calm, even if your landlord is lying or saying things to make you angry. Your behaviour during the hearing can influence the Tenancy Officer’s decision.

After your landlord speaks, you can ask your landlord questions. Ask questions about anything that you didn’t understand or ask questions that point out any contradictions or weak points in your landlord’s story.

After you ask questions, you present your evidence and tell your side of the story. Show the Tenancy officer and your landlord any evidence that you have. Make sure to point out what rights your landlord is violating.

If you filed the application, the order will be reversed with you going first.

THE DECISION:

The Residential Tenancy Officer will review the evidence and issue a written decision called the ‘Order of the Director’ within 14 days of the hearing. If you are successful you can take steps to enforce the decision. If you are unsuccessful, you can appeal the decision.

IF YOU ARE SUCCESSFUL:

If your landlord does not appeal the decision within 10 days, you can enforce the decision. If your landlord appeals you must go to another hearing at Small Claims Court. This is a brand new hearing where both you and your landlord can bring up new evidence.

ENFORCEMENT:

Contact your landlord and ask that your landlord follow the Director’s Order.

If your landlord does not follow the order, you have to request that the Order of the Director be made into an Order of the Small Claims Court. Call the Residential Tenancy Officer that conducted your hearing to do this. This is free.

The Small Claims Court will then mail you some papers for you to fill out and mail back to them. You will have to decide what enforcement actions are necessary. You can request:

Execution Order: Allows the sheriff to take money from your landlord’s wages, bank account, or other finances. The sheriff can also seize some of your landlord’s belongings and sell them.

Certificate of Judgment: Creates what is called a ‘lien on the property’ of the landlord. The property cannot normally be sold or mortgaged until the judgment is paid.

Recovery Order: Allows the sheriff to get any property of yours that the landlord may be holding. 

THE SHERRIF:

Once you receive one of these forms you have to file with the Personal Property Registry and then take the forms to the sheriff. You will have to pay fees for both of these services and those fees will be added on to what your landlord owes you. You may be able to get a waiver for the fee with the sheriff. Call the court administration services at 424-6900 about waiver of fees.

IF YOU ARE NOT SUCCESSFUL:

If you did not win your hearing at Residential Tenancies, you may follow the order or file for an appeal at Small Claims Court. You MUST file for the appeal within 10 days of the Director’s Order being issued.

APPEALING:

You have 10 days to appeal the decision through the Small Claims Court. You must complete a ‘Notice of Appeal’ form and explain why you are appealing the decision. You can appeal the decision for any reason.  You must also serve the appeal notice to your landlord and to Residential Tenancies.

Fees

$25 is the claim is less than $2000

$75 if the claim is between $2000-$4999 or for evictions (also called ‘vacant possession’)

$150 if the claim if more than $5000

You do not have to pay the fee if your income falls below the following amounts:

MAXIMUM MONTHLY INCOME

THE APPEAL HEARING:

You will have a hearing at the Small Claims Court. This is a brand new hearing and you and your landlord can present new evidence and say why you disagree with the decision of the Residential Tenancy Officer.

IF YOU WIN THE APPEAL:

If your landlord does not follow the decision you will have to enforce the decision. See Enforcement above.

IF YOU LOSE THE APPEAL:

You can choose to follow the order, let the landlord enforce the order, or appeal the Small Claims Court decision at the Supreme Court of Nova Scotia. You can only appeal to the Supreme Court for three reasons:

Jurisdiction: if the Small Claims Court went beyond the scope of what they are entitled to do. Something that is not in the Small Claims Ct. ’s jurisdiction is if you had a physical fight with your landlord. That would be considered assault and is a criminal matter.

Error of law: If the law was not used properly

Failure to follow natural justice: If the hearing was not conducted fairly, for example if there was bias or they did not follow proper procedure.

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.