Tenant Not Paying Rent in Nova Scotia

Rent is late the day after it is due, but the notice to end the tenancy comes a little later. If rent is still unpaid by the third day after it was due, you can give a notice to quit on or after the fourth day. That notice is Form D, called the Landlord's Notice to Quit for failure to pay rent (the guides also call it the notice for rental arrears).

This is the timing since the 2025 change, which took effect on April 30, 2025. Older material that talks about waiting 15 days and then giving another 15 days is out of date.

Until then, a landlord has a few lesser tools. If the lease provides for a late payment penalty, it cannot be more than 1% of the monthly rent per month. For a $1,500 rent that is $15 a month. A returned cheque charge is allowed only if the lease sets one, and the lease sets the amount. The Program's guide also notes that tenants have to pay on time, and it is not the landlord's responsibility to collect rent.

The tenant-side view of the same process is in the Nova Scotia eviction process guide.

Form D is a notice to quit for unpaid rent. It is effective no earlier than the 10th day after you give it to the tenant. For a week-to-week tenancy the timing is shorter: rent that is seven days unpaid, with the notice effective no earlier than the seventh day after it is given. The Residential Tenancies Act also lets this notice be used for a fixed-term lease.

The tenant has three choices, and they have 10 days from receiving the notice to take the first two:

• Pay the arrears. Once the rent in arrears is paid, the notice is void and has no effect.
• Apply to the Director for an order setting the notice aside, by filing Form J.
• Do neither. The tenant is then treated as having accepted that the tenancy ends on the effective date and must leave by that date. Rent is still owed.

Keep a dated copy of the notice and a note of when and how it was given, because the timing runs from those dates. The Program publishes a policy on counting days and determining notice periods on its policies page, which is worth checking before you count.

1. Check the 10 days. Count from the day the tenant received the notice. If they pay in full, the notice is void and the tenancy continues.
2. If the tenant did not pay and did not dispute, you can apply on Form K, the Application to Director for rental arrears. It is for a landlord who wants to end the tenancy for arrears and does not want a hearing. You can only use Form K if the tenant did not dispute the Form D.
3. If the tenant disputed the notice, or you also want a money order, use Form J, the general application to the Director. The fee is $31.15.
4. Serve and attend. For Form J you serve the tenant with the Form J and Notice of Hearing and return a Certificate of Service within 7 days of applying. The Director tries mediation first, then holds a telephone hearing. Each side's evidence must reach the other side and the Director at least 5 days before.
5. Order. The Director makes the order within 14 days of the hearing.
6. Enforce. After the 10-day appeal period, the order can be made a Small Claims Court order at no charge, and the court issues an Order for Vacant Possession. The sheriff's office carries it out.

The full route, including what happens if the tenant stays, is in how to evict a tenant in Nova Scotia. The details on the Form K guide are short and worth reading first.

Ending the tenancy and collecting money are two different things. A notice or an order to vacate does not by itself give you a judgment for the arrears.

• Ask for a money order. You apply to the Director with Form J within one year after the lease ends. The Director may order the payment of money and compensation.
• Compensation runs to the hearing. The Program's policy says compensation can only be ordered for losses up to and including the date of the hearing. Later losses need a new application.
• Use the deposit carefully. A deposit can be up to half of one month's rent. To keep any part of it for unpaid rent, you need the tenant's written consent, or you must file a Security Deposit Claim (Form R) with the Director within 10 days of the end of the lease. If you miss that, you must return the deposit. If the debt is more than the deposit, you can file Form J instead.
• Turn the order into a court order. If nobody appeals within 10 days, the Director's order can be made an order of the Small Claims Court and enforced like any judgment. For money, the court can issue an Execution Order or a Certificate of Judgment. Some sheriff services carry fees.
• If the tenant leaves early, they remain responsible for rent until you can re-rent, but you must make reasonable attempts to re-rent. A landlord who does not try to limit the loss is not entitled to compensation.

The research behind this guide found no official page explaining wage or bank garnishment, so this guide does not cover it.

Owing rent does not give you the right to pressure the tenant out. The rules apply even in a dispute.

• You may not turn off the heat to the unit, even if the tenant owes rent. You also may not disconnect electricity, water or cable that the lease says are included.
• You may not change the locks without mutual consent, and you may not bar the tenant from free access to the unit.
• You may not take, hold or dispose of the tenant's belongings except under an order of the Director or as otherwise authorized by law.
• You may not charge more than 1% of monthly rent per month as a late fee, and only if the lease provides for one.

Breaking the Act is an offence with a fine of up to $1,000, and a prosecution needs the Attorney General's consent. A notice given in retaliation can also be set aside by the Director or the Small Claims Court.

The tenant says they are withholding rent over repairs. The Program's guide says tenants cannot withhold rent to push for repairs. The tenant's lawful route is Form J, where the Director can order repairs, compensation, or that rent be paid in trust to the Director until the landlord does what the law requires. Expect that argument at the hearing, and be ready with your repair records.

The tenant files their own claim. A tenant can file a counterclaim within 7 days of receiving the Notice of Hearing.

You accept rent after serving the notice. The research found no Nova Scotia rule saying whether accepting rent cancels a notice. The only related rule is that payment of all arrears within 10 days voids a Form D. Because it is unclear, ask the Residential Tenancies Program before you accept a partial payment.

Hearings take time. The guides do not publish a typical wait time, so plan for the tenancy to continue meanwhile.

For more on the general question, see what to do if a tenant doesn't pay rent and whether a landlord can sue for unpaid rent. If the tenant stays after the notice date, read what to do when a tenant won't leave. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.