Residential tenancy policies

Residential tenancy policies include specific information on the rights and responsibilities of landlords and tenants under the Residential Tenancies Act.

Residential tenancy policies help landlords and tenants understand the Residential Tenancies Act. The Residential Tenancies program uses the policies to make decisions under the Residential Tenancies Act.

Residential tenancy officers use the residential tenancy policies when they mediate or settle disputes between tenants and landlords. The policies help to ensure that issues are addressed consistently, even when they aren’t specifically mentioned in the Residential Tenancies Act.

Documents

Application to Director Policy: Residential Tenancies

How landlords and tenants can get help from a residential tenancy officer to resolve a dispute.

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Abandoned Personal Property Policy: Residential Tenancies

Rules and procedure landlords need to follow when dealing with personal property left behind by tenants at the end of a lease.

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Agreements of Purchase and Sale Policy: Residential Tenancies

How a landlord-tenant relationship is defined by looking at the difference between an Agreement of Purchase and Sale and a lease.

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Application Fees for Rental Units Policy: Residential Tenancies

Landlords aren’t allowed to charge prospective tenants an application fee when applying to rent a unit.

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Bankruptcy and Foreclosure Policy: Residential Tenancies

How a tenant is protected if a landlord goes bankrupt or the property goes into foreclosure.

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Behaviour Policy: Residential Tenancies

Guidance on ending a tenancy if the tenants and landlords can’t resolve behaviour problems.

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Compensation for Loss after Ending a Tenancy Policy: Residential Tenancies

How landlords can be compensated for losses if a tenancy ends early due to a breach of the act or lease agreement.

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Conflict of Interest Policy for residential tenancy officers: Residential Tenancies

Residential tenancy officers have to disqualify themselves from mediation and hearings if there is a conflict of interest.

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Converting order of the director into order of the small claims court policy: Residential Tenancies

How an Order of the Director can be made an Order of the Small Claims Court if it is not appealed.

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Converting a Mediated Settlement into a Director’s Order Policy: Residential Tenancies

How a residential tenancy officer can issue an Order of the Director if a party fails to comply with a mediated settlement.

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Election Signs and Canvassing Policy: Residential Tenancies

The Director of Residential Tenancies has no jurisdiction to decide disputes concerning election signs or canvassing.

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Evidence Policy: Residential Tenancies

Both applicant and respondent need to provide any relevant evidence at least 2 days before their hearing date.

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Expropriations Policy: Residential Tenancies

How much notice to quit a tenant must be given if the government decides to take over (expropriate) the tenant’s rental.

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First Nations Reserves Policy: Residential Tenancies

The Residential Tenancies Act does not apply to rental property on First Nations reserves.

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Policy on the geographic jurisdiction of residential tenancy officers

Any residential tenancy officer can investigate Applications to Directors and make decisions no matter where the rental is located in Nova Scotia.

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Policy on identifying parties to an order: Residential Tenancies

Parties to an order must be uniquely identified for a Small Claims Court Order to be enforced.

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Indemnifiers (Guarantors) and Co-signers Policy: Residential Tenancies

People who guarantee or co-sign a lease can be required to pay for loss or damage to the rental property.

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Investigation and Mediation Policy: Residential Tenancies

If a landlord or tenant applies to have a dispute settled, a residential tenancy officer first investigates and tries to mediate a settlement.

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Policy on buying and selling a manufactured home (mobile home): Residential Tenancies

A tenant in a land-lease community (mobile park) can’t be forced into buying a manufactured home from the landlord, and can buy whatever they want.

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Military Housing Policy: Residential Tenancies

The Residential Tenancies Act does not apply to an occupancy agreement between an individual and the Canadian Forces Housing Authority.

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Multiple Tenants Policy: Residential Tenancies

Each tenant whose name is on a lease is equally responsible for all the obligations of the lease, including paying rent.

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Public Housing Policy: Residential Tenancies

Public housing follows the Residential Tenancies Act, but it has different rules on subletting, income qualifications and rent increases.

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Public Release of Records Policy: Residential Tenancies

Individuals can access their own personal information in residential tenancy application files, while the public has limited access.

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Rent in Advance Policy: Residential Tenancies

A tenant cannot be required to pay rent in advance as a term of a lease.

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Rental Property Conversion Policy: Residential Tenancies

A landlord must meet all requirements of the Rental Property Conversion Act if they want to convert their rental unit into a condo, house or other property.

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Rescheduling or Adjourning Hearings Policy: Residential Tenancies

The process a tenant or landlord needs to follow to ask for their residential tenancy hearing to be rescheduled or adjourned.

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Procedures and conduct policy for hearings: Residential Tenancies

Residential tenancy officers need to be neutral (fair) and professional when holding hearings and dealing with residential tenancy disputes.

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Trust account policy for security deposits: Residential Tenancies

Residential tenancy officers’ responsibilities as they relate to landlords keeping their security deposits in trust accounts.

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Security Deposit Policy: Residential Tenancies

The maximum a security deposit can be and what happens to it at the end of a lease.

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Service of Documents Policy: Residential Tenancies

Several residential tenancy documents need to be delivered in a way that can be proven, like by registered mail or in person.

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Standard Form of Lease Policy: Residential Tenancies

The conditions in the Standard Form of Lease apply to all residential rental agreements, even if people use another form or a spoken agreement.

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Standards of Health, Safety or Housing Policy: Residential Tenancies

Landlords need to keep rental properties in a good state of repair and liveable during the tenancy.

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Substituted Service Policy: Residential Tenancies

Someone can request an Order for Substituted Service if they have tried unsuccessfully to serve someone else with a document.

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Superintendents as Tenants Policy: Residential Tenancies

Superintendents are considered to be tenants and have all the rights and responsibilities as any other tenant, except for tenure.

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Tenant Application to Rent Residential Premises Policy: Residential Tenancies

Landlords can use rental applications as long as the questions don’t violate the Human Rights Act and there is no fee.

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Timeline for applications to director policy: Residential Tenancies

An Application to Director needs to be filed within one year of the lease ending.

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Counting Days Policy: Residential Tenancies

How to count months and days so that actions taken and notice periods are valid and follow the Residential Tenancies Act.

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