Information for tenants in Nova Scotia

Tenants' Rights Guide

Community Clinics

One on one legal information for tenants

Forms

Who we are and how to contact us

RESPONSIBILITIES OF THE LANDLORD AND TENANT:

Statutory Conditions:

You both must abide by the ‘statutory conditions’ of the Act. ‘Statutory Conditions’ are rules that all landlords and tenants must follow no matter what. Below is a list of the ‘statutory conditions.’ This is not the exact wording in the Act. If you need the exact wording, it can be found in section 9(1) of the Residential Tenancies Act.

The ‘Statutory Conditions’ are:

1.        Condition of Premises.

          The landlord must keep the unit in a good state of repair and fit for living and follow any other health, safety or housing laws.

2.    Services:  

3.    Good Behaviour:

The landlord must not interfere with the tenant’s ability to live in the unit.

The tenant must not interfere with any other tenant’s ability to live in the unit (this includes tenants in other units).

4. Obligation of the Tenant:

You must keep the unit clean. If you or your guests break anything on purpose or by accident, you must repair it.

5. Subletting Premises:

The tenant is allowed to assign or sublet a unit and the landlord cannot disagree without a good reason. You cannot be charged for this unless the landlord actually had to pay something for the new tenant to move in (and cannot be more than $25).

6. Abandonment and Termination:

If you leave the unit before the end of a lease, the landlord must take action to reduce the amount of money that the landlord might lose (i.e. the landlord must find new tenants to reduce loss of rental income).

7. Entry of Premises:

The landlord cannot enter the unit except for in an emergency unless:

   A) you are moving out and the landlord needs to show the unit to other people at a reasonable hour.

      B) your landlord gives you 24 hours notice to enter during daylight hours.

8. Entry Doors:

Unless both the landlord and tenant agree, neither of you can change the locks to any door.

9. Late Payment Penalty:

A late charge for late rent can be no more than 1% of your rent per month (example: if your rent is $500, a late fee can be no more than $5 a month).

Other Responsibilities of the Landlord:

Ÿ         The landlord must give you the name, address, and telephone number of the landlord or someone responsible for the unit (property manager).

  Ÿ         If the landlord provides you with heat, the temperature must be at least 20°C or 68°F.

Landlords do not always fulfill their responsibilities or the upkeep of the rental unit. Statutory conditions are often violated.

   If your landlord violates any of these conditions you can file with Residential Tenancies and they will order your landlord to follow the conditions.

   You can move out immediately without notice if you would like. This is not in the Act, but there are other cases in Nova Scotia where this has been decided. You can ask that you pay rent in trust to Residential Tenancies until your landlord follows the conditions. You can also ask for a rental rebate for the inconvenience if your landlord violates these conditions.

   If you would like to stay, you can pressure your landlord to comply with the conditions by writing letters or organizing with other tenants (See Maintenance, Repairs & Services or Tenant Organizing).

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.