Residential Tenancies Act
The Residential Tenancies Act
The Residential Tenancies Act is the legal document for rentals within Nova Scotia. Your rights as a tenant are protected under the Residential Tenancies Act. There are exceptions where your rights as a tenant are not covered under the Residential Tenancies Act, which include University and College on Campus Housing, Shelters, Hospitals or Nursing Homes or Care Facilities, Correctional Facilities, Hotels or Motels.
It is important to know your rights as a tenant and who to turn to if you need support reaffirming your rights. More details about the Residential Tenancies Act will be covered in Module 5: Securing Housing.
More Support
For more information on tenants’ rights review the Tenant Rights Guide: A Guide to rental Housing in Nova Scotia and the Residential Tenancies Renting Guide.
Should you need legal support related to your Tenants Rights, please contact your legal representative or DAL Legal Aid.
Damage Deposit & Other Fees
A damaged deposit is the same as a security deposit. In Nova Scotia, property owners use both terms interchangeably, and language will depend on region. In Nova Scotia, property owners may only charge up to half of one month’s rent for a damage deposit. It is illegal for property owners to charge more than ½ a month’s rent for a damage deposit. This includes asking for last month’s rent at the beginning of your lease.
A damage deposit can be kept by your property owner for unpaid rent. If there is damage beyond normal wear and tear, or if the space was not at a level of ordinary cleanliness, you did not return the keys. Normal wear and tear are the normal amount of deterioration during the time of the rental. For example, if your rental has carpets, they will not look new after 5 years of walking on them. Ensure you are cleaning inside appliances, bathroom, and apartment carpets to help prevent cleaning-based disputes.
It is illegal in Nova Scotia for property owners to charge application, key, pet, or carpet fees. They can apply to keep your damage deposit at the end of your tenancy if you do not return your keys. The ONLY money which property owners can ask for is rent and security deposit.
In and Out Inspection
The property owner should complete a pre-move in and post-move out inspection with you. If you do not get an inspection from the property owner prior to move-in, it should be shown on the lease. Ensure you are not signing a lease before seeing the property; however, a pre-move-in inspection usually outlines required maintenance, and pre-move-in inspections are attached to the lease when it is provided to you.
When you move into your extra space before bringing anything into the space, take a video and photos of the space. These images will be time-stamped when you take them and will show the state of the space upon move-in. When you are moving out, you want to ensure you are leaving the space in a similar condition to when you moved in. After you’ve removed all your belongings, take photos and videos of the condition you are leaving the space in.
A property owner may not keep your damage deposit to higher professional cleaners upon move-out unless the space was left in a condition beyond ordinary cleanliness. The property owner would be required to apply to Residential Tenancies to keep the Damage Deposit in this case. Taking photos and videos of the state of the apartment when you leave protects you.
Communication & Documentation
In Nova Scotia, both verbal and written leases are valid formats of leases. It is important to protect yourself by keeping a record of the terms of the lease, be it verbal or written. For verbal leases, ensure everything verbally agreed upon is documented. This can be documented by text-message confirmation, writing, including the date of the agreement. You should file your emails and text messages related to your housing in one space. Take photos of original leases and save the copy in your leases.
If you are renting a room, have roommates, or sharing a space in a family home, ask for a roommate agreement. Roommate agreements are used to help prevent conflicts in shared housing situations. These are agreements and records of the agreements between roommates. Roommate agreements often include communication for conflicts, guest permissions, cleaning/hygiene, share space usage, roommate meetings (monthly or otherwise), noise, shared items.
Property owners do not require or keep roommate agreements. Use our Roommate Agreement to help guide conversations between roommates.
Tenants Insurance
Tenants Insurance is insurance for those who rent. This form of insurance usually covers damage to property not included in damage deposit, and other risks related to renting (floods, fires, etc.). Many property owners ask for tenants to have tenant insurance but cannot evict you if you do not have tenant insurance. Property owners can charge you for damages that would have been covered by tenants’ insurance.
Plans cover different things and have different costs, from $15 to $30+ a month. It is important to shop around for quotes. NSCC highly recommends students gain tenants’ insurance.
The law for rental housing in Nova Scotia.
A damage deposit is also known as a security deposit. It is the amount of money paid to a property owner when renting to ensure the rental is kept in good condition. Upon ending your rental lease property owners may keep this amount if there are damages, otherwise they must return your deposit.
The inspections that occur upon move in and move out of a rental space. These should occur with the property owner present, or be recorded if the property owner cannot be present.
A written agreement that cannot be changed through a verbal agreement it may only be changed through writing. The most common written lease is the Standard Form of Lease provided through the Residential Tenancy Board.
A verbal agreement that is equivelant to a written agreement or Standard Form Lease.
Also known as rental insurance, is a type of home insurance that protects those who do not own their home but rather rent it. Without tenant insurance you may be liable for damages caused by fire, or other incidents. You can get tenant insurance through providers with home insurance and other forms of insurance.
