How to Evict a Tenant in Nova Scotia
The lawful grounds, the notice or application for each, and what happens when a tenant stays.
Last updated: October 2026
Short answer
A Nova Scotia landlord can only end a tenancy on grounds the Residential Tenancies Act allows, using a notice (Form D for unpaid rent, Form E for breach) or an application to the Director. If the tenant stays, you apply on Form J, and the order is enforced through Small Claims Court and the sheriff.
Evicting a tenant in Nova Scotia: the short version
In Nova Scotia you cannot end a tenancy just because you want the tenant out. The Residential Tenancies Act says a landlord may give a notice to quit only on the grounds the Act sets out. There is no general no-fault notice for a periodic tenancy.
The process runs through the Director of Residential Tenancies, who works within the Residential Tenancies Program at Service Nova Scotia. Some grounds start with a notice you serve yourself. Others need you to apply to the Director and get an order first. Either way, if the tenant does not leave, you do not remove them. You apply for an order, and the order is enforced through the Small Claims Court and the sheriff.
The tenant's side of the same process is in the Nova Scotia eviction process guide. This page is written for you as the landlord.
Lawful grounds and the route for each in Nova Scotia
Your route depends on why you are ending the tenancy. The Program's forms page lists the notices and applications. The main routes are below.
| Reason | Route | Timing |
|---|---|---|
| Unpaid rent | Form D, notice to quit, from the fourth day after rent was due | Effective no earlier than the 10th day after you give it. The tenant has 10 days after receiving it to pay or apply to the Director. |
| Breach of the good behaviour or cleanliness and damage conditions, or subletting without consent | Form E, notice to quit | Effective no earlier than 15 days after you give it |
| Repeatedly late rent, serious disturbance, risk to health or safety, risk to your property, illegal activity, extraordinary damage | Application to the Director | Decided at a hearing, not by notice |
| You or a family member will live in the unit | Application to the Director for an order | Possession no more than 12 months from the date of the order |
| Demolition or major renovation | Written agreement (Form DR5) or an order from the Director | Order gives possession not less than 3 and not more than 12 months out |
| Sale to a buyer who will live in the unit (4 units or fewer) | Form DR2 notice | Effective no earlier than 2 months after the tenant receives it |
A few narrow grounds use a Form F notice: student housing when the tenant stops being a student, employee housing after the job ends, and a unit made uninhabitable by fire, flood or another occurrence. The tenant may apply to set these notices aside. The detail by reason is in our guide to landlord notices in Nova Scotia.
The step-by-step route in Nova Scotia
Here is the usual order once you have a lawful ground.
- Serve the notice, or decide to apply. Use Form D, E, F or DR2 where a notice is allowed. For grounds that need an order, such as repeated late rent or your own use, go straight to the application.
- Wait out the tenant's window. On a Form D the tenant has 10 days after receiving it to pay the arrears (which voids the notice) or apply to set it aside.
- File Form J if the tenant has not left. The fee is $31.15, filed at an Access Nova Scotia centre or online. For unpaid rent, Form K is a route with no hearing, but you can only use it if the tenant did not dispute the Form D.
- Serve the tenant. Give them Form J and the Notice of Hearing, and return a Certificate of Service to the Program within 7 days of applying.
- Mediation. The Director must try to mediate first. A mediated settlement is binding and cannot be appealed.
- Hearing. Hearings are held by telephone. Your evidence must reach the other party and the Director at least 5 days before.
- Order. The Director makes the order within 14 days of the hearing.
- Enforcement. If nobody appeals within 10 days, the order can be made an order of the Small Claims Court at no charge. The court issues an Order for Vacant Possession, and the sheriff's office carries out court enforcement. Fees apply for some sheriff services.
If you are past the notice date and the tenant is still there, the next page to read is what to do when a tenant won't leave after notice.
What a Nova Scotia landlord must not do
Self-help is where landlords get into trouble. The Act speaks to several common moves.
- Changing the locks. Neither a landlord nor a tenant may alter the lock on an entry door during the tenancy without mutual consent.
- Barring access. A landlord may not bar a tenant from free access to the premises during the tenancy.
- Taking or disposing of belongings. A landlord may not hold or dispose of a tenant's personal property except under an order of the Director or as otherwise authorized by law.
- Shutting off services. The Program's guide says you may not turn off the heat, even when rent is owed or there is a dispute, and may not disconnect other utilities that are included in the lease.
- Retaliating. The Director or the Small Claims Court can refuse to help a landlord, or set aside a notice to quit, if the notice was given in retaliation for the tenant enforcing their rights under the Act.
Breaking the Act is an offence with a fine of up to $1,000 on summary conviction, and a prosecution needs the consent of the Attorney General. The tenant can also apply to the Director for compensation. These rules are in the Residential Tenancies Act.
If a tenant has truly left and their belongings remain, a separate process applies: you make an inventory on Form A, file it with the Director and send the tenant a copy. After 30 days the Director may authorize disposal, with different handling for items worth more than $500.
Fixed-term leases and ending without a ground
A fixed-term lease cannot be ended early by the landlord except on the grounds above, such as unpaid rent or a breach of the statutory conditions. Those notices expressly cover fixed-term leases.
When the term ends, the lease ends on the date stated. It does not renew for another fixed term on its own. If the tenant stays with the owner's consent and keeps paying, the lease is treated as renewed on a month-to-month basis. To start a new fixed term, you and the tenant must sign a new fixed-term lease.
Because there is no general no-fault notice, a landlord who simply wants the unit back for another reason has to fit a ground in the Act. Own use and demolition or renovation need a Director's order. A sale to a buyer who will live in the unit uses Form DR2 and only works for a property with four units or fewer.
What goes wrong and what to do about it
The tenant pays or disputes. If the tenant pays all the arrears within 10 days of a Form D, the notice is void. If they apply to set it aside, you will be heard at a hearing. If the tenant does neither, they are treated as accepting that the tenancy ends on the effective date and they must leave by then. Rent is still owed.
The tenant files a counterclaim. A tenant has 7 days from receiving the Notice of Hearing to file their own application, and the Director can hear both together.
Someone appeals. Either party may appeal to the Small Claims Court within 10 days of the order. The appeal is a new hearing, the court decides within 14 days, and a further appeal to the Supreme Court of Nova Scotia is allowed only on jurisdiction, an error of law or a failure to follow natural justice.
It takes longer than you hoped. The Program's guides do not publish a typical wait time for hearings. The only timing they give is for emergencies: you can ask for an emergency hearing with Form DR9 only after filing Form J and before serving the other party, and review takes 2 to 3 days. It is for an immediate issue that cannot wait for a regular hearing.
The person never paid rent. The Act applies where someone paid or agreed to pay rent. For a person who did neither, the official guides do not explain a removal process, so take advice before acting.
You can find the Program's guides on resolving disputes. For a fuller picture of timing, see how long it takes to evict a tenant and the general how to evict a tenant answer. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.
Frequently Asked Questions
Can a Nova Scotia landlord evict a tenant without a reason?
No. The Residential Tenancies Act says a landlord may give a notice to quit only in accordance with the grounds it sets out. Nova Scotia has no general no-fault notice. Own use and demolition or renovation need an order from the Director, not a notice alone.
How long does an eviction take in Nova Scotia?
The Program's guides do not publish a typical wait time. The fixed timings are these: a Form D takes effect no earlier than the 10th day after it is given, the Director makes an order within 14 days of the hearing, and there is a 10-day appeal period before the order can be made a Small Claims Court order.
Can I change the locks on a tenant who owes rent?
No. Neither the landlord nor the tenant may change the lock on an entry door during the tenancy without mutual consent, and a landlord may not bar a tenant from free access. Breaking the Act is an offence with a fine of up to $1,000.
How much does it cost to apply to the Director?
The application fee for Form J is $31.15. The fee is not payable if the person receives the guaranteed income supplement or income assistance, or if the Director waives it. Making the order a Small Claims Court order is free, and an appeal carries the Small Claims Court's own fee.
Who actually removes a tenant who will not leave?
Not the landlord. After the 10-day appeal period the order can be made an order of the Small Claims Court, which issues an Order for Vacant Possession, and the sheriff's office carries out court enforcement. Fees apply for some sheriff services.
Are eviction hearings held in person?
The Disputes Guide says the Residential Tenancy Officer conducts hearings by telephone using a toll-free number.
Can I end the tenancy to move into the unit myself?
Not by notice alone. You apply to the Director, who can order possession at a time stated in the order, but not more than 12 months from the date of the order, where you or a family member in good faith requires the unit to live in.
What do I do with belongings a tenant leaves behind?
Follow the abandoned property process. You make an inventory on Form A, file it with the Director and send the tenant a copy. After 30 days the Director may authorize disposal, and items worth more than $500 in total must be stored for 30 days. Disposing of property against the Act can make you liable for its value.
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