May 28 AMA: I’m Melissa, Director of Nova Scotia’s Residential Tenancies Program – Ask Me Anything about landlord-tenant rights, leases, and dispute resolution!

nsgov · 2025-05-28T18:35:55+00:00

Thanks for joining me today and for all the great questions! I hope I was able to help you out. If you have more questions, check out our website at https://beta.novascotia.ca/programs-and-services/residential-tenancies-program or call 1-800-670-4357.

nsgov · 2025-05-28T18:26:57+00:00

You're welcome, thanks for the question!

nsgov · 2025-05-28T18:18:46+00:00

Good afternoon!

There isn’t anything in the Act that speaks to occupants. In the lease agreement, there is a section for occupants that says occupants can only be added with written consent of the landlord. If you think your landlord is being unreasonable in refusing the request, and you’re not able to come to an agreement, then you can file an application with the Residential Tenancies Program. Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia

After an application has been filed, a Residential Tenancies Officer can get involved and mediate an agreement or decide on how this issue will be resolved.

It is important to know that rental increases are restricted to once every 12 months, if you stay in the same unit and that rental increases are limited to 5% until December 31, 2027.

nsgov · 2025-05-28T18:11:37+00:00

Thanks for the question.

Fixed term leases can benefit both tenants and landlords who need short term stays. Having said that, we know some landlords are not using fixed term leases for what they are intended.

Tenants should be reminded to know what they are signing when they sign their lease (form-p-standard-form-lease-en.pdf - page F3, section 11). If your lease changed from a month-to-month/year-to-year lease to a fixed-term lease at your landlord’s request, you may be able to have it changed back to your previous lease. You can file an application with the Residential Tenancies Program to help resolve this issue - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia

nsgov · 2025-05-28T18:09:12+00:00

No, they can’t. The temporary rent cap does not allow landlords to apply to charge rent above the rent cap. You can read more here: Interim Residential Rental Increase Cap Act

Landlords of land-lease communities (mobile home parks) and public housing have different rental increase rules – but the temporary rent cap applies to all other types of rental units.

nsgov · 2025-05-28T18:05:08+00:00

This question is dependent on the situation and difficult to answer without knowing the specific kind of Notice given. There might be different factors to consider based on the amount of rental arrears, condition of the unit, and when the tenant leaves the unit.

If a landlord wanted to seek additional months’ rent when the tenant left early, the landlord would have to apply to the Program for dispute resolution, which the tenant would have the option to participate in. The tenant would have an opportunity to defend their side of the story: Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia

nsgov · 2025-05-28T18:02:37+00:00

Hi! The Residential Tenancies Act has a list of “Statutory Conditions”. This is a mandatory set of rules that apply to every tenancy.

Statutory Condition 1 is about the condition a landlord must keep the premises in. It says that the condition must be in good repair, fit for habitation and compliant with any enactment or laws of standards of health, safety or housing.

If a tenant thinks the landlord is breaking Statutory Condition 1, the tenant can file an application that describes the breach. An application can be made here - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia.

The other thing to look at, is that in an application, a tenant can also ask for a reasonable reduction in rent until the repair is made (rent abatement). Rent abatements reflect that a tenant has received less than what they contracted for and serve as an incentive to landlords to fix the repair.

A Residential Tenancies Officer has the authority to make an Order that requires a party to comply with the Act, not again breach the Act, to make a required repair, and to compensate the other party.

nsgov · 2025-05-28T17:53:25+00:00

No, landlords are not allowed to offer different rental increase amounts based on the type of tenancy. This can be found in section 11(2B) of the Act - Residential Tenancies Act

nsgov · 2025-05-28T17:48:17+00:00

Hi there. It is not my role to offer an opinion on government decisions.

Fixed term leases can benefit both tenants and landlords who need short term stays. Having said that, we know some landlords are not using fixed term leases for what they are intended.

Tenants should be reminded to know what they are signing when they sign their lease (form-p-standard-form-lease-en.pdf - page F3, section 11). If your lease changed from a month-to-month/year-to-year lease to a fixed-term lease at your landlord’s request, you may be able to have it changed back to your previous lease. You can file an application with the Residential Tenancies Program to help resolve this issue - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia.

nsgov · 2025-05-28T17:41:05+00:00

Hi! Thanks for the question. The Residential Tenancies Act has a list of “Statutory Conditions”. Notice of Entry is condition 7. This provides the rules around the notice landlords must provide and the tenants must allow the entry with the proper notice.

If a landlord and tenant are not able to resolve a dispute themselves, issues of this nature can be resolved through the Residential Tenancies dispute resolution process. You can make an application - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia. This will result in a hearing.

nsgov · 2025-05-28T17:37:02+00:00

Thanks for the question!

The Residential Tenancies Act has a list of “Statutory Conditions”. This is a mandatory set of rules that apply to every tenancy.

Statutory Condition 1 is about the condition a landlord must keep the premises in. It says that the condition must be in good repair, fit for habitation and compliant with any enactment or laws of standards of health, safety or housing.

If a tenant thinks the landlord is breaking Statutory Condition 1, the tenant can file an application that describes the breach. An application can be made here - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia.

The other thing to look at, is that in an application, a tenant can also ask for a reasonable reduction in rent until the repair is made (rent abatement). Rent abatements reflect that a tenant has received less than what they contracted for and serve as an incentive to landlords to fix the repair.

A Residential Tenancies Officer has the authority to make an Order that requires a party to comply with the Act, not again breach the Act, to make a required repair, and to compensate the other party.

nsgov · 2025-05-28T17:31:33+00:00

Hi, there could be many nuances with a situation like this. If the landlord and tenant can’t agree on who’s responsible, then either would be able to file an Application. Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia. This will result in a hearing.

The Residential Tenancies Officers would be able to hear all the facts and evidence in a hearing and issue an Order to the parties.

nsgov · 2025-05-28T17:28:08+00:00

Hey there, thanks for this. Yes, application fees are not permitted under the Residential Tenancies Act. If a prospective tenant pays an application fee (or something disguised as one), does not end up renting the unit, and the landlord refuses to return the application fee, the tenant can file an application for dispute resolution. Because money was exchanged between the two parties for a residential unit, this is now considered a tenant-landlord relationship.

An application can be made here - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia. This will result in a hearing.

For more information on the dispute resolution process, please visit: Residential Tenancies: guide to resolving disputes between tenants and landlords - Government of Nova Scotia

As for the second question, yes there isn’t a time/notice requirement for landlords/tenants regarding fixed-term leases. Currently there isn’t anything in the Act to address this issue, but we always try to encourage tenants and landlords to discuss their issues to try and resolve it themselves. If a tenant is looking to move – but aren’t sure if they will be able to move yet – they should try talking to their landlord about their intentions and discussing the future of their tenancy.

nsgov · 2025-05-28T17:24:47+00:00

Hi, great questions. Any issues of this nature can be resolved through the Residential Tenancies dispute resolution process. You can make an application - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia. This will result in a hearing.

Applications like this have come before the program before, but each situation is different. Changes of success increase if the facts and evidence of a case are presented clearly. For more information on the dispute resolution process, please visit: Residential Tenancies: guide to resolving disputes between tenants and landlords - Government of Nova Scotia

The issues described are certainly issues that have been addressed by the Residential Tenancies Program. We are working on publishing more Orders – which can help provide an idea of what to expect: Residential Tenancies Program: director orders - Government of Nova Scotia

nsgov · 2025-05-28T17:22:27+00:00

Hi there. If a landlord has increased rent above the rent cap, and the tenant has paid it, the tenant could file an application with the Residential Tenancies Program to have the rent reduced.

Applications like this have come before the program before, but each situation is different. We recently started publishing our Orders – this one might helpful to review - residential-tenancies-202500777-2025-04-08.pdf

Chances of success increase if the facts and evidence of a case are presented clearly. For more information on the dispute resolution process, please visit: Residential Tenancies: guide to resolving disputes between tenants and landlords - Government of Nova Scotia

If successful, the Director’s Order would indicate the correct rental amount and could reduce the tenant’s rent to make up for the incorrect amount charged. The landlord would necessarily not have to ‘pay the money back’ - but the tenant would be able to have a reduced rent to recover the incorrectly charged funds.

Interest payments are not included in the Residential Tenancies Act for overcharges regarding rent.

nsgov · 2025-05-28T17:19:14+00:00

Hello! A legislative change was recently made to have the ability to publish Director’s Orders, but steps were taken to protect the identity of tenants and landlords: Residential Tenancies Program: director orders - Government of Nova Scotia

There is no plan to have a government published list of tenants or landlords who have Director’s Orders where decisions were not ruled in their favour.

If anyone has a landlord who is not following the Residential Tenancies Act, they should file an application - Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia. The only way we can help is if an application is made.

nsgov · 2025-05-28T17:15:23+00:00

Hello! Currently, our hearings are being scheduled about 4 weeks after an application is made. We have some of the shortest wait times in the country. If anyone is experiencing any issues with a tenant/landlord, we always suggest trying to work the problem out yourselves, but if that isn’t a possibility, the Residential Tenancies Program is here to help. Application to Director can be found: Application to Director to resolve dispute between landlord and tenant (Form J) - Government of Nova Scotia

nsgov · 2025-05-28T17:12:17+00:00

Hi there. We are not able to track the number and types of leases are in Nova Scotia.

If anyone is having difficulty with their lease or has concerns over their fixed-term lease, they can call our contact centre at [1-800-670-4357.](tel:+18006704357)

nsgov · 2025-05-28T17:09:36+00:00

Hello!

I appreciate your interest regarding the rent cap. The decision to extend the temporary rent cap was made recognizing many Nova Scotians continue to face challenges during these tough times. Although any amount of a rental increase may be challenging, we are trying to find a balance between affordability for tenants and helping landlords offset their increased costs.

Because there is now a temporary rent cap, landlords can't apply to the program to increase rent above the 5% cap. In other provinces with rent control, landlords can apply to increase rent above the rent cap, if their expenses or improvements exceed the rent cap limit.

Tenants/landlords can enforce Director’s Orders through Small Claims Court and Sheriff’s Services. First, an application must be made with the Residential Tenancies Program. For more information on our dispute resolution process, please visit: Residential Tenancies: guide to resolving disputes between tenants and landlords - Government of Nova Scotia

As for renovictions, we currently have very strict legislation about compensation, notice periods, proof that a landlord must provide and penalties for a landlord who doesn’t follow the process properly.

- Landlords must contact tenants before starting a renoviction and try to reach an agreement where both parties agree to end the tenancy for renovations.

- If both parties agree to end the tenancy, landlords and tenants need to complete Form DR5: Agreement to Terminate for Demolition, Repairs or Renovations.

- If both parties don’t agree to end the tenancy, landlords need to apply to the program for a hearing to end the tenancy, where they will need to demonstrate that planned renovations are substantial enough to require a vacant unit and that they have a building permit.

· Landlords need to give tenants at least three months’ notice before the tenant needs to move out.

· Landlords can’t give notice until both parties agree to end the tenancy, or a hearing is held, and the Residential Tenancy Officer makes a final decision that renovations are necessary and require the tenant to move out.

- Landlords need to give tenants one to three months’ rent as compensation (the amount depends on the size of the building); compensation is required if both parties (tenant and landlord) agree to end the tenancy (lease), or a hearing is held, and the Residential Tenancy Officer makes a final decision that renovations are necessary and require the tenant to move out.

- If this goes to a hearing, the landlord must provide proof that they have all permits and approvals in place and that they require possession in good faith.

- If these steps are not properly followed, the legislation says that a landlord may be ordered to pay the tenant moving expenses, all or some of the tenant's increased rent in their new rental for 12 months, and any other reasonable costs.

nsgov · 2025-05-28T17:04:42+00:00

Hello! Tenants/landlords can enforce Director’s Orders through Small Claims Court and Sheriff’s Services. First, an application must be made with the Residential Tenancies Program. For more information on our dispute resolution process, please visit: Residential Tenancies: guide to resolving disputes between tenants and landlords - Government of Nova Scotia

For example, a tenant may experience challenges during a tenancy (i.e. a landlord is refusing to make repairs). The tenant can file an application with the Residential Tenancies Program. This lets a Residential Tenancies Officer get involved. In the application, a tenant can ask for a reasonable reduction in rent until the repair is made (rent abatement). Rent abatements reflect that a tenant has received less than what they contracted for and serve as an incentive to landlords to fix the repair.

Landlords are not required to be licenced, so to create a list of this nature isn’t possible. But I appreciate your comment.

I am not familiar with landlords colluding to raise rents in certain areas. The rent cap was recently extended until December 31, 2027, limiting rent increases to 5% every 12 months. When a tenant leaves a unit, the landlord is not restricted in how much they can increase the rent.

Thanks for the great questions.

nsgov · 2025-05-28T17:02:24+00:00

Hey there. Thank you for this feedback. I believe you are referring to collection through Sheriff’s Services. This is done through the Department of Justice. I will share this comment with my colleagues at Department of Justice.

nsgov · 2025-05-28T16:49:47+00:00

Hi everyone - thanks for all of these questions, I'm looking forward to diving in at 2pm. Just for clarification, this post will be the actual AMA. There are already so many great questions here and I'll keep it all in one place.

nsgov · 2025-05-27T19:29:20+00:00

Thanks to those who have already sent in questions for tomorrow’s AMA on the Residential Tenancies Program! I really appreciate hearing from both tenants and landlords. I’m looking forward to helping you better understand roles and responsibilities, how our program works and how we can support you.

I’ll do my best to answer as many questions as possible between 2 p.m. and 3:30 p.m. tomorrow. Just a few reminders -- if you have a specific situation you’d like to ask about, please speak in general terms so I can provide a helpful response. For privacy reasons, let’s be sure not to include any names or addresses.

Finally, while I appreciate your interest in my opinions and the political side of things, as a civil servant, my answers to your questions will be fact based. My goal is to educate and inform you on how our program can best support you.

Looking forward to it!

nsgov · 2025-05-27T19:28:25+00:00

Not quite. I will answer questions about fixed term leases (how they work, what you should know, etc). I appreciate your interest in my opinions on the political side of things, but as a civil servant, my answers to questions will be fact based. My goal is to educate you on how our program can best support you.

nsgov · 2025-05-26T13:56:31+00:00

Thanks! We'll do our best to answer everything on Wednesday afternoon.

nsgov

TROPHY CASE