How to Become a Landlord in Nova Scotia

Not at the provincial level for a normal long-term rental. No provincial landlord licence or registry was found in the Act, its regulations or the Residential Tenancies Program guides. The only provincial registration is for short-term rental hosts, under the Short-term Rentals Registration Act. The tenancy Act excludes a registered short-term rental, but only while it is being used that way, and a landlord may not charge daily rents to avoid the Act unless the unit is registered.

The Act applies whenever a landlord and tenant relationship exists, regardless of what the lease says. It lists the premises it does not cover, such as hospitals, jails, nursing homes and residential care facilities. Sharing a kitchen or bathroom with the owner is not on that list.

Your city may add its own rules. Halifax By-law R-400 requires all rental housing in the Halifax Regional Municipality to be registered on or after April 1, 2024. Registration needs owner and operator information, proof of insurance and any fee set by administrative order, and the owner must keep a current maintenance plan. Fines run from $150 for a first offence up to $10,000, and each day is a separate offence. The registry page could not be checked, so confirm the current process with Halifax before you list a unit.

Other municipalities were not checked. Ask yours before you advertise. For general background, see how to become a landlord.

1. Check local rules. In Halifax, register under By-law R-400. Elsewhere, ask the municipality.
2. Arrange your own insurance. Halifax registration asks for proof of insurance. No provincial law requires tenant insurance, but you may ask tenants to carry it through your landlord rules.
3. Set the rent. A new tenant's starting rent is not capped by the Interim Residential Rental Increase Cap Act, which covers rent increases for existing tenants.
4. Prepare your lease. Use the Standard Form of Lease, Form P.
5. Write any building rules and give a copy to the tenant before the lease is signed. Rules must be reasonable and apply to all tenants fairly.
6. Screen applicants without breaking human rights or privacy rules. See how to screen tenants legally in Nova Scotia.
7. Do a move-in inspection. It is not required, but the standard lease recommends a signed report within 7 days of the start of the tenancy.

The Director prescribes a standard form of lease that all landlords and tenants must use. It is Form P, found in the Standard Form of Lease Regulations. Your lease may look different, but it must contain every item in Form P. If an item is missing from the lease a tenant signs, it applies anyway. A written lease that is not on the form is treated as if it were, and so is an oral agreement.

With no written lease, the standard lease applies and the tenancy defaults to month-to-month.

• Copy of the Act. Give the tenant a free copy within 10 days of the earliest of the lease start date, the date of signing, the date keys are handed over and the date the tenant moves in. A link to the online Act counts.
• Signed lease. The tenant keeps a signed copy at signing or gets one within 10 days.
• If you skip these. The tenant may give notice to leave on a day of their choosing, up to three months out, and may ask the Director to let them pay rent in trust until they get the copies.
• No contracting out. The Act applies despite any agreement. Extra lease terms are allowed only if they do not conflict with it, and they are void unless they appear on both parties' copies.

A fixed-term lease ends on the date it states. It does not renew for another term. If the tenant stays with your consent, the lease becomes month-to-month. A periodic lease, such as month-to-month, renews automatically if no notice is given. Our tenant-side Nova Scotia lease agreements guide shows what tenants expect.

In a fixed-term lease, any increases must be written into the lease with their amounts and dates, and never more than one in 12 months. The cap also applies when you sign a new fixed-term lease with an existing tenant in the same unit.

Every tenancy carries the statutory conditions in section 9 of the Residential Tenancies Act, whatever the lease says.

• Repairs. Keep the unit in a good state of repair and fit to live in, and meet health, safety and housing standards.
• Services. Do not stop services such as heat, water or power without proper notice of a rent increase or the Director's permission. Removing a service counts as a rent increase.
• Locks. Neither side may change entry-door locks without mutual consent.
• Entry. Follow the written notice rules. See what to do when a tenant refuses entry.
• Quiet occupancy. Neither the landlord nor the tenant may interfere with the other's possession or occupancy.

The tenant may not withhold rent to push for repairs. The route is an application to the Director. You must also follow the Human Rights Act in who you rent to.

Nova Scotia has no general no-fault notice. A landlord cannot give a notice to quit except as the Act allows. If you need the unit for yourself or family, or for demolition or major renovation, you must apply to the Director and get an order. You cannot end the tenancy by notice alone.

For unpaid rent, a Form D notice to quit may be given from the fourth day after the rent was due. It takes effect no earlier than the tenth day after it is given, and the tenant has 10 days to pay the arrears, which voids the notice, or to apply to set it aside. For a breach of the good behaviour or cleanliness conditions, a notice to quit takes effect no earlier than 15 days after it is given.

If a tenant stays after a notice, apply to the Director with Form J. The fee is $31.15. Appeals go to the Small Claims Court within 10 days of the order, and the sheriff's office carries out court enforcement. Do not change locks or remove belongings to force a tenant out.

Official forms are on the Residential Tenancies forms page, and the program's Renting guide explains the basics in plain language. The Ask page what rights do landlords have gives short answers.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.