Fighting An Eviction - Nova Scotia Legal Aid | Nova …

1 Last Updated: August 2014 Page 1 of 15 Fighting An Eviction It is against the law for your landlord to force you to move out without an order from the residential tenancies Officer. This article explains what your landlord must do to get an order and what you can do to stop it. Does This Article Apply To You? This article is about tenants rights under the residential tenancies Act (RTA). The RTA applies to most rental housing in nova Scotia such as rooms, apartments, houses and land lease communities.

2 But, some types of residences are not covered by the RTA. For example, university residencies, hospitals, jails, prisons, maternity homes, nursing homes, residential care facilities. If your housing is not covered by the RTA, this information does not apply to you. Find information on how to contact your local Legal Aid Office for Legal advice and/or information and other community resources here: Contacts What Does My Landlord Have To Do To Evict Me? To evict you, your landlord must follow certain steps set out in the residential tenancies Act (RTA).

3 Last Updated: August 2014 Page 2 of 15 If you do not want to move out, your landlord will have to make an application to residential tenancies and will have to serve you with a copy of the application and a hearing date. At the hearing, the residential Tenancy Officer will meet with both you and the landlord. The hearing will deal with any conflicts between landlords and tenants that are covered by the RTA. Below are some papers you might get if your landlord is trying to evict you: 1. Landlord s Notice to Quit for Rental Arrears This tells you the date your landlord wants you to move out because you are behind in rent.

4 The notice will tell you how much you owe in rent. You have 15 days after receiving the Notice to Quit for Rental Arrears to pay your rental arrears. If you pay your rental arrears, the Notice is void. You cannot be evicted. Or, you can file an Application with the Director at Access nova Scotia for an order setting aside the Notice to Quit. This is called a Form J application. IMPORTANT If you do not pay your rental arrears or file an application within 15 days, the landlord can apply to the Director for an order, without any further notice to you.

5 The residential Tenancy Officer can make one or more of the following orders: Eviction ; Order for rental arrears; Last Updated: August 2014 Page 3 of 15 Order to keep the security deposit and interest to be applied against rental arrears owing. 2. Landlord s Notice to Quit Breach of Statutory Condition Additional Circumstances This tells you that your landlord wants you to move out because you have breached one or more of the following statutory conditions: Good behavior; Obligation of the tenant; Subletting without consent of the landlord; Compliance with municipal by-laws in a land lease community.

6 If you do not agree, you may file an Application with residential tenancies for an order to set aside the Notice to Quit. This is called an Application to Director. If you do not move out by the date in the Notice, the landlord will have to make an application to residential tenancies . 3. Landlord s Notice to Quit Additional Circumstances This tells you that your landlord wants you to move out because you pose a risk to the safety or security of the landlord or other tenants in the same building. The notice will tell you when the landlord wants you to leave.

7 If you do not move out by the date in the notice, the landlord will have to make an application to residential tenancies . Last Updated: August 2014 Page 4 of 15 What Is The Application To Director? This is the form you or the landlord will file at Access nova Scotia if there is conflict or disagreement about your tenancy. You will file this form to set aside the landlord s Notice to Quit for Rental Arrears. The landlord will file this form to get an order for Eviction . The Application will have the following information: Date, time and location of the hearing; Name and contact information for the residential Tenancy Officer hearing the application; Contact information for the landlord and for yourself; Information about your lease; Information about why the landlord wants to evict you or why you do not want to leave.

8 The form has to be served on you or the landlord by personal service, registered mail or substituted service. At the hearing, the residential Tenancy Officer can attempt to mediate the conflict between you and the landlord if you both agree. If you and the landlord cannot reach an agreement through mediation, the residential Tenancy Officer will hear from both of you and review any materials you have for them. What Is An Order Of The Director? After the residential Tenancy Officer holds a hearing, he/she will have 14 days to put their decision in writing.

9 Last Updated: August 2014 Page 5 of 15 This called an Order of the Director. The residential Tenancy Officer mails copies of the order to you and the landlord. IMPORTANT If you miss the hearing, the residential Tenancy Officer will probably make an order for your Eviction and/or payment of money for arrears of rent and/or damages and what happens to your security deposit. The next section tells you more about the Eviction process and what you can do. Does My Landlord Have To Give Me Notice?

10 YES. Your landlord has to give you written notice if the landlord wants you to leave. If your landlord wants to evict you, the first step is to give you written notice. Your landlord must do this by personal service, registered mail or substituted service. The notice must tell you the reason why your landlord wants you to leave. It must be one of the reasons listed in the residential tenancies Act (RTA). The Notice will be on a form that is called a Notice to Quit and it will give the date for you to leave.