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Nova Scotia Real EstateThe Nova Scotia Program is not accepting any further applications for the year 2006. Please fill out a general business assessment and we will let you know if you qualify for other fast track programs. CLICK HERE
Housing Outlook for Atlantic CanadaThis past week Centrury 21 and CMHC released information on how the Altlantic Canada Housing is going to function.
Renting in Nova ScotiaGoverning or Regulatory Body Housing Services Name of Act / Regulations Residential Tenancies Act Types of Housing/Living Arrangements Covered by the Provincial Legislation All residential rental premises Exclusions: universities, colleges, other institutions of learning, hospitals, prisons, hotels, homes for special care. Types of Rental Periods Leases can be week-to-week, month-to-month, year-to-year and fixed term. Is a signed lease required? A written lease is not required, but if a written lease exists, it must include elements of a prescribed lease outlined in the regulations. Without a lease, the landlord-tenant relationship is still guided by the standard terms of the prescribed lease. Is a signed move in/move out checklist required? No. It is voluntary and a copy is available online at the Government of Nova Scotia site. (See Contact Information below.) Deposits Security deposits may not exceed ½ of a month's rent. Landlords must hold security deposits in a trust account. The landlord has to return the deposit with 1% per year interest at the end of the tenancy. If landlords want to keep some or all of the deposit, they must apply to Residential Tenancies for permission. Key Money Requiring key money is illegal. The only money landlords are allowed to collect is the security deposit and first month's rent; however, tenants may face a penalty if they lock themselves out and new keys need to be issued to them. Post-dated Cheques Post-dated cheques may only be requested as long as the specific box on the standard lease is ticked; otherwise they cannot be required. Renewal of a Lease Term Year-to-year leases renew for another year if no notice is given. If tenants serve a Notice to Quit under their original lease 3 months before the end of its term, they may ask the landlord to change the tenancy to a month-to-month lease. Landlords cannot arbitrarily deny this request. Terminating a Lease: Notice and Timing Prior to a lease terminating, it is the responsibility of landlord and tenant to re-negotiate terms or terminate the lease. Tenants may not give notice during a fixed term lease, rather at the end of the fixed term. Landlords may only terminate a tenancy for specified reasons as set out in the legislation and cannot terminate simply because a fixed term has expired. When a fixed term tenancy goes to a month to month term, the landlord cannot force a tenant to sign another lease or agree to another fixed term. When a lease is renewed, unless otherwise agreed, other than the new term of the lease, all other conditions of the lease remain the same. Different notices apply depending on the lease term:
Fixed term leases expire automatically. All notices must be in writing. Assignments and Sublets In Nova Scotia sublets, not assignments, are referenced in the legislation. Landlords must approve the new tenant and may not arbitrarily deny a sublet. Requests to sublet need not be in writing. Rent Increases: Notice and Timing There are no rent controls in Nova Scotia. In a mobile home park tenants may ask the Residential Tenancies to review the rent and a Residential Tenancies Officer will determine what the rent can be. Landlords of all types of residential rental units may only raise the rent once in 12 months and must give written notice at least 4 months before the anniversary date of the tenancy. Late Rent Payments Rent is considered late after 30 days. After 30 days, the landlord may give notice to the tenant to vacate in the next 15 days. If the tenant does not pay and leave, the landlord may have the matter heard before Residential Tenancies within the following 2-5 weeks. A Residential Tenancies Officer may issue an order for the tenant to pay the rent or to pay the rent and move out. Evictions A landlord may ask Residential Tenancies to issue an order stating that the tenant must move out for two main reasons:
The landlord must apply to have the matter mediated or a hearing held. Both mediation and hearings are forms of dispute resolution. If mediation is chosen, both parties will attempt to come to an agreement and then they sign a mediated settlement, which is a contract between the two parties. If the hearing proceeds, the landlord and the tenant will be heard and may provide evidence to support their application. A Residential Tenancies Officer makes a decision in the form of an order. The landlord must take this order to the court administrative offices to have it converted to an eviction order that only the Sheriff can enforce. There may be delays in obtaining an eviction order if the tenant appeals the officer's decision to Small Claims Court. Fine PointsPermitting Landlord Entry to the Premises (Times and Reasons) Landlords must provide 24 hours notice in writing stating when they plan to enter the premises. This time must be between 9 a.m. and 9 p.m. Landlords may enter at any time during daylight hours, without written notice, if a notice to quit has been given. May the tenant withhold rent for repairs? No. Changing Locks Not allowed. Pets and Smoking May a landlord refuse to rent to a tenant who has pets or smokes? Nova Scotia's tenancy legislation allows a landlord to establish reasonable rules that promote the fair distribution of services; promote the safety, comfort or welfare of tenants; or protect the landlord's property. A landlord's right to do this is established by Section 9A of the Residential Tenancies Act. Examples of rules that can be established include rules around the operation of laundry facilities, storage of hazardous materials and pets. Rules must apply to all tenants in a fair manner and tenants must be given a copy of the rules prior to signing a lease. As well, changes in a landlord's rules can be made with four months notice to the tenant prior to the anniversary date of the lease. This allows the tenant enough time to give the landlord notice that the lease will not be renewed if the tenant does not agree with any new or amended rule. In short, the landlord, if they meet the above requirements, can indeed restrict pets and smoking. If a no pets and no smoking clause is written into a lease and the landlord discovers that the tenant has a pet and/or smokes in the rental unit, is this grounds for the landlord to evict the tenant? If a no pets or no smoking clause is written into the lease, the landlord has the right to seek termination of tenancy if the tenant contravenes the lease. Contact InformationFor general information about renting in Nova Scotia contact: Department of Community Services Addresses of Residential Tenancies offices across the province: Related LinksActs and Statues
Human Rights Commission Department of Housing and Consumer Affairs Tenancy Guide for Landlords and Tenants Residential Tenancies Definitions Downloadable Forms Links Co-operative Housing: A Guide for Members Senior Citizens’ Secretariat Dalhousie University Housing Services
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Avatar Immigration employs three fully Certified Canadian Immigration Consultants. Russell Monsurate M041198
Russell Monsurate is on the National Board of Directors of CAPIC and Ryan Monsurate is the Treasurer of the BC Chapter Board of Directors.
Russell Monsurate was the National Treasurer on the National Board of Directors of AICC and the Secretary of the BC Chapter of AICC. AICC was the Association of Immigration Counsel of Canada, which together with OICC have formed CAPIC |
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Don Lawby, President and Chief Operating Officer of Century 21 Canada
Limited Partnership, says housing markets continue to be driven by low
interest rates and a strong economy that is providing job stability,
consumer confidence and an increasing number of home buyers.
“Furthermore, I can see nothing on the horizon that will change market
direction. Past downturns in the market were usually caused by significant
inflation leading to large increases in interest rates and people finding
they could no longer sustain their skyrocketing mortgage payments. But
nothing remotely like this is in sight today.”
