Navigating the Residential Tenancies Board in Nova Scotia

What Is the Residential Tenancies Board?

The Residential Tenancies Board (formally, the office of the Director of Residential Tenancies) is the primary body responsible for resolving landlord-tenant disputes in Nova Scotia. Established under the Residential Tenancies Act, the Board provides an accessible, relatively informal, and cost-effective alternative to the court system.

Whether you are a tenant dealing with withheld security deposits, a landlord pursuing eviction, or either party facing a breach of the lease, the Residential Tenancies Board is likely your first stop for resolution.

What the Board Can Do

The Residential Tenancies Board has jurisdiction over most matters arising under the RTA, including:

• Security deposit disputes: non-return, excessive deposits, improper deductions
• Rent disputes: illegal rent increases, unpaid rent
• Maintenance and repairs: landlord failure to maintain the property
• Entry violations: unauthorized entry by the landlord (privacy rights)
• Eviction applications: both issuing and contesting eviction orders
• Lease disputes: interpretation of lease terms
• Harassment and interference: violations of quiet enjoyment
• Subletting disputes: unreasonable refusal of sublet requests

What the Board Cannot Do

Some matters fall outside the Board's jurisdiction:

• Criminal matters (harassment that crosses into criminal behaviour should be reported to police)
• Disputes exceeding monetary limits (these may need to go to Small Claims Court)
• Matters not covered by the RTA
• Human rights complaints (directed to the Nova Scotia Human Rights Commission)

How to File an Application

Step 1: Determine If the Board Is the Right Forum

Review your issue against the Board's jurisdiction. If you are unsure, contact the Residential Tenancies office for guidance. Most landlord-tenant issues related to the RTA are within their scope.

Step 2: Gather Your Documentation

Before filing, organize the following:

• Copy of your lease agreement
• All correspondence between the parties (emails, texts, letters)
• Photos and videos of relevant conditions
• Records of rent payments
• Move-in and move-out condition reports
• Any previous notices served by either party
• Receipts for expenses you are claiming

Step 3: Complete the Application

Application forms are available online and at Service Nova Scotia locations. The form asks for:

• Your name and contact information
• The other party's name and contact information
• The property address
• A description of the dispute
• The remedy you are seeking (what you want the Board to order)

Step 4: Pay the Filing Fee

A small filing fee is required. The fee amount depends on the type of application and is set by the province. Fee information is available on the Residential Tenancies website.

Step 5: Serve the Other Party

The other party must receive a copy of your application. Service can be done by:

• Registered mail
• Personal delivery
• Another method that confirms receipt

Keep proof of service; the Board will require it.

The Hearing Process

Scheduling

After your application is filed and the other party is served, a hearing will be scheduled. Hearings are typically held within a few weeks, though wait times can vary depending on the Board's caseload.

Format

Hearings may be conducted:

• In person: at a Residential Tenancies office
• By telephone: particularly for straightforward matters or when distance is a factor
• Virtually: video hearings have become more common

What to Expect

1. Introduction: The Residential Tenancies Officer introduces themselves and explains the process.
2. Applicant's case: The person who filed the application presents their evidence and arguments first.
3. Respondent's case: The other party presents their response.
4. Questions: The officer may ask questions of both parties.
5. Summary: Each party may offer a brief summary.
6. Decision: The officer may render a decision at the hearing or issue a written decision afterward.

Tips for Your Hearing

• Be organized. Have your documents in order and easily accessible.
• Be concise. Focus on the relevant facts and evidence.
• Be respectful. Address the officer politely and do not interrupt the other party.
• Bring evidence. Photos, documents, and receipts carry more weight than verbal claims.
• Know the law. Familiarity with the RTA helps you present a stronger case.
• Bring witnesses. If you have witnesses, arrange for them to attend or provide written statements.

Types of Orders the Board Can Issue

The Residential Tenancies Officer can issue various orders, depending on the dispute:

• Order to pay: requiring one party to pay money to the other (rent arrears, deposit refund, compensation)
• Order to repair: directing the landlord to complete specific repairs
• Order to comply: requiring a party to comply with the lease or RTA
• Eviction order: granting the landlord possession of the unit
• Rent reduction: reducing rent to reflect reduced services or conditions
• Termination of tenancy: allowing either party to end the tenancy

Enforcing Board Orders

If the other party does not comply with a Board order:

1. File for enforcement: Orders can be registered with the Small Claims Court for enforcement.
2. Collections: Monetary orders can be enforced through wage garnishment or bank account seizure.
3. Eviction enforcement: Eviction orders can be enforced through the sheriff's office if the tenant does not vacate.

Non-compliance with a Board order is a serious matter and can result in additional penalties.

Common Applications

Tenants Commonly File For:

• Return of security deposit
• Orders for repairs (after following the repair request process)
• Complaints about unauthorized entry
• Challenges to rent increases
• Compensation for landlord negligence
• Challenges to eviction notices

Landlords Commonly File For:

• Eviction for non-payment of rent
• Eviction for breach of lease
• Compensation for property damage
• Orders to enforce lease terms
• Applications regarding abandoned units

Appeals

If you disagree with a Board decision, you may be able to appeal to the Small Claims Court within a specified timeframe. Appeals are not automatic and must be based on an error of law or jurisdiction, not simply dissatisfaction with the outcome.

Alternatives to the Board

Before filing with the Board, consider whether the issue can be resolved through:

• Direct communication. Many disputes stem from miscommunication. A calm, written discussion may resolve the matter.
• Mediation. A neutral third party can facilitate a resolution.
• Professional property management. Many disputes are preventable with professional property management that maintains clear communication and RTA compliance.

How Nova Solutions Handles Disputes

At Nova Solutions Property Management, our proactive approach to property management, including clear lease agreements, responsive maintenance, and transparent communication, significantly reduces the occurrence of disputes. When issues do arise, we handle them professionally and in full compliance with the RTA.

We serve property owners and tenants across Halifax, Yarmouth, and throughout Nova Scotia. Contact us to learn how professional management can protect your interests. Review our services, pricing, or FAQ for more information.