Fees, Payment, & Security Deposit

Security/Damage/Safety Deposit

It is typical for property owners to ask for a deposit when you sign a lease. This is often referred to as a security deposit, but also is called a damage deposit or safety deposit. You pay this at the time of signing the lease, and if the apartment or home is in similar condition as when you moved in. The property owner may keep the deposit if there are damages or if keys are not returned.

The security deposit may only be up to half of the total cost of monthly rent. It’s illegal to ask more than half month’s rent as a damage deposit​. If rent is $1000 the security deposit can be no more than $500.

Rent Payment

You should pay rent in cheque or e-transfer. Be wary of property owners that require cash payments as the method for paying rent. If paying rent in cash ensure you are keeping a record, including a receipt of the withdrawal, receipt of payment. This is to protect yourself and the property owner.

Ensure you are always timely in your payments. Property owners may charge a late fee of up to 1% of rent for delayed payments, but may only do so if this is included in the rent.

Illegal Fees

It is illegal for property owners to ask for fees associated with the following: ​

• Multiple months
  • It is not legal for property owners to require multiple months of payment upfront.
• First and Last
  • Property owners are not legally able to ask for first and last months rent.
• Application Fees​
  • In Nova Scotia it is not legal to require a fee to apply for an apartment. There should not be application fees charged to apply for any rental property.
• Keys​
  • Property owners may not charge you for key access, however they can charge you for duplicates, lost or missing keys. Property owners can apply to the tenancy act to keep your deposit at the end of tenancy if your keys are not returned.
• Fire extinguishers​
  • As an essential component of fire safety property owners cannot charge tenants for fire extinguishers.
• Carpets​
  • Property owners may not include carpet fees to your rent.
• Pets​
  • Property owners may not add fees to permit pets in the building, however they may restrict pets. If there are damages associated to pets they may apply to the Tenancy Board to keep the deposit at the end of your tenancy.
• Children
  • Children are classified as occupants by the tenancy act and property owners cannot add a charge to your rent to permit youth occupants to live with you.

Rental Increases

A property owner may only raise the rent once every 12-months, this is inclusive of all rental terms. Your property owner must provide you with written notice that there will be an increase. For monthly or yearly rent it must be 4 months before your anniversary date (the day you signed the lease).

Taking away a service included in the terms of your lease is equivalent to raising rent under the law. If the property owner removes a service included, like electricity, they must lower rent to have it not considered a rental increase. Even if you pay extra for the service, a change can be considered the same as a rental increase under Nova Scotia Law.