Houston sides with landlords as Nova Scotia’s housing crisis rages on
On February 3, 2023 the Nova Scotia government announced some changes to the Residential Tenancies Program.
These changes to the regulations under the Nova Scotia Residential Tenancies Act do a few different things, but one of them is conveniently not mentioned at all in the press release: it’s made the process for your landlord to evict you more efficient if you fall behind in your rent.
Existing tenancy law
As a tenant, you are not technically behind on your rent until your rent payment is more than 15 days overdue. For example, if your rent is due on the first of the month then you are not officially “in arrears” until the 17th (after the end of the 15th day).
At that point, your landlord can give notice that they want to end the tenancy due to unpaid rent. The eviction date must be at least 15 days after the form is given to the tenant.
When a tenant receives this notice they can do one or three things:
- pay the rent owing,
- leave, or
- request a hearing to dispute the arrears.
But, here’s the tricky part: that notice your landlord gives you saying they want to end the tenancy (a Form D) is not enforceable. A tenant actually does not have to leave the apartment by the date included on that form.
In order to enforce an eviction for arrears a landlord has to file a separate form to get an eviction order. …[Read More]