Understanding the Nova Scotia Residential Tenancies Act: A Landlord's Guide

Why Every Nova Scotia Landlord Must Know the RTA

The Nova Scotia Residential Tenancies Act (RTA) is the provincial legislation that governs the rights and responsibilities of landlords and tenants. It applies to virtually all residential rental arrangements in the province, with limited exceptions such as certain institutional housing and short-term tourist accommodations.

Ignorance of the RTA is not a defence. Landlords who violate its provisions face penalties, orders to compensate tenants, and potential difficulty enforcing their own rights. Whether you manage your own property or work with a professional property management company, a solid understanding of this legislation is essential.

This guide covers the most important provisions landlords need to know as of 2024.

Lease Agreements Under the NS RTA

Standard Form of Lease

Nova Scotia requires all residential tenancy agreements to be in writing using the standard form of lease prescribed by the Director of Residential Tenancies. While landlords and tenants can add additional terms, those terms cannot contradict the RTA or the standard lease provisions.

Every lease must include:

• The legal names of the landlord and all tenants
• The address of the rental unit
• The amount of rent and when it is due
• The term of the tenancy (fixed-term or month-to-month)
• What services and utilities are included

Fixed-Term vs. Month-to-Month

A fixed-term lease runs for a specified period, most commonly one year. When a fixed-term lease expires without either party giving notice, it automatically converts to a month-to-month tenancy on the same terms.

Month-to-month tenancies continue indefinitely until terminated by proper notice from either party. A tenant must give one full month's notice. A landlord's ability to terminate is more restricted and generally requires cause.

Rent Rules

Rent Increases

This is one of the most regulated areas of the RTA. Landlords must comply with several rules:

• Frequency: Rent can be increased only once every 12 months
• Notice period: A minimum of four months' written notice is required before the increase takes effect
• Cap: The current annual rent cap is 5%, introduced as a temporary measure during the housing affordability crisis and extended through at least 2025
• Form: The notice must be in writing and clearly state the new rent amount and the date it takes effect

Failure to provide proper notice means the increase is not enforceable. The tenant is legally entitled to continue paying the old rent amount until valid notice is served.

When Rent Is Due

Rent is due on the date specified in the lease agreement. If no date is specified, rent is due on the first day of each rental period. Landlords cannot charge late fees unless specifically authorized, and the RTA does not currently authorize late payment fees for residential tenancies.

For effective strategies around collecting rent on time, see our guide to rent collection strategies for Canadian landlords.

Security Deposits

Nova Scotia has strict rules governing security deposits:

• Maximum amount: One-half of one month's rent, no more
• Holding requirements: The deposit must be held in trust in a separate account
• Interest: The landlord must pay interest on the deposit at the rate set by the Director of Residential Tenancies
• Return timeline: The deposit plus accrued interest must be returned within 10 days of the tenant vacating, minus any legitimate deductions
• Allowable deductions: Only for actual damages beyond normal wear and tear, unpaid rent, or unpaid utilities that were the tenant's responsibility

Landlords cannot require last month's rent in addition to a security deposit. The security deposit is the only pre-payment a landlord may require.

Entry to Rental Units

Tenants have a right to quiet enjoyment of their rental unit. Landlords may enter only in specific circumstances:

• 24-hour written notice is required for inspections, showing the unit to prospective tenants or buyers, or non-emergency maintenance
• Emergency entry is permitted without notice when there is an immediate risk to safety or property (e.g., burst pipe, fire, gas leak)
• Consent: A tenant can consent to entry at any time, but the consent must be freely given

Entering without proper notice or consent is a violation of the RTA and can result in an order from the Director of Residential Tenancies.

Maintenance and Repairs

Landlord Obligations

The RTA requires landlords to maintain rental units in a good state of repair and fit for habitation. This includes:

• Compliance with all applicable building codes and health standards
• Maintaining all electrical, plumbing, heating, and ventilation systems
• Keeping common areas clean and safe
• Ensuring the unit is structurally sound and weatherproof
• Providing and maintaining smoke detectors and carbon monoxide alarms

A proactive approach to maintenance protects your property and your legal standing. Our seasonal maintenance checklist for Nova Scotia properties helps you stay ahead of common issues.

Tenant Obligations

Tenants are responsible for maintaining ordinary cleanliness, not causing wilful or negligent damage, and promptly reporting maintenance issues to the landlord. They may not make alterations to the unit without the landlord's written consent.

Eviction and Termination

Grounds for Eviction

Landlords cannot evict tenants without cause. The RTA specifies permitted grounds, including:

• Non-payment of rent: After rent is 15 days overdue, the landlord may serve a Notice to Quit giving the tenant 15 days to pay or vacate. If the tenant pays in full within the notice period, the notice is voided.
• Breach of lease: For violations other than non-payment, the landlord must serve a Notice to Quit giving the tenant time to correct the breach.
• Landlord's own use: A landlord may terminate if they or an immediate family member intend to occupy the unit, with proper notice.
• Renovation or demolition: With proper notice and approval, if the work requires the unit to be vacant.
• Sale of property: Under specific circumstances with proper notice.

The Application Process

If a tenant does not comply with a Notice to Quit, the landlord cannot simply change the locks or remove the tenant's belongings. Self-help evictions are illegal in Nova Scotia. The landlord must apply to the Director of Residential Tenancies for an order, and if necessary, enforce that order through the Small Claims Court.

This process takes time. From initial notice to enforcement, a contested eviction can take several months. This reality underscores the importance of thorough tenant screening before signing a lease.

Discrimination and Human Rights

The RTA must be read alongside the Nova Scotia Human Rights Act. Landlords cannot refuse to rent, impose different terms, or evict tenants based on protected characteristics including race, religion, sex, gender identity, sexual orientation, disability, family status, or source of income.

This means, for example, that a landlord cannot refuse to rent to a tenant because they receive income assistance, and cannot impose a "no children" policy.

Dispute Resolution

The Residential Tenancies Program administered by Service Nova Scotia provides a dispute resolution process for landlord-tenant conflicts. Either party can file an application with the Director of Residential Tenancies, who will hear the matter and issue a binding order.

Common disputes include:

• Security deposit deductions
• Maintenance and repair obligations
• Rent increase validity
• Notice to quit challenges
• Damage claims

Orders of the Director can be appealed to the Small Claims Court within 10 days.

Staying Compliant

The RTA is amended periodically, and staying current with changes is part of responsible property ownership. Recent years have seen significant changes, including the introduction of the rent cap and restrictions on renovictions.

Working with a property management company that prioritizes legal compliance protects you from costly mistakes. At Nova Solutions, RTA compliance is built into every process, from lease preparation to rent increases to the eviction process.

For a broader overview of property management in the province, see our complete guide to property management in Nova Scotia. If you have questions about your obligations under the RTA, contact our team. We are always happy to help Nova Scotia landlords navigate the regulatory landscape.

You can also visit our FAQ page for quick answers to common landlord questions.