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[Citation]
1A These regulations may be cited as the Residential Tenancies Regulations.
Interpretation
1 (1) In these regulations
(a) in respect of the term “security deposit”,
(i) “money” includes coin, government or bank notes, cheques, drafts
and post office, express or bank money orders,
(ii) “other value” includes securities, stock certificates, bonds,
debentures, deposit receipts, treasury bills, negotiable instruments,
real property, and anything of value which could be negotiated or
transferred by the landlord, but excludes money;
(b) “Act” means the Residential Tenancies Act;
(c) “annual allowable rent increase amount” means the amount that must not be
exceeded when a landlord of a land-lease community imposes a rent
increase, as referred to in subsection 11B(1) of the Act and calculated in
accordance with Section 25B of these regulations;
(d) “public sale” means a sale of property with notice to the general public, and
includes a sale by classified advertisement;
(e) “record” includes the books of account and records of a landlord set up to
keep security deposits separate and apart from the ordinary business records
of the landlord;
(f) “trust account” means a trust account set up in a bank, credit union or trust
company by a landlord to keep security deposits separate and apart from the
ordinary business and personal accounts of a landlord.
(2) For greater certainty, “date on which a lease was first entered into” in clause 2(a) of
the Act means the date on which the term of the lease begins.
Sublease or assignment fee
2 For the purpose of subsection 6(3) of the Act, a landlord may charge a sum not
exceeding $75.00 for expenses actually incurred in respect of a sublease or an
assignment.
Landlord’s consent to proposed purchaser of manufactured home becoming tenant
3 (1) In this Section,
“application for consent” means a tenant’s written application to their landlord
under Statutory Condition 1A of subsection 9(2) of the Act on behalf of a proposed
purchaser of the tenant’s manufactured home; and
“proposed purchaser” means a person who wishes to acquire title to or possession
of a manufactured home and wishes to become a tenant of the manufactured home
space upon which the manufactured home is located.
(2) If a tenant intends to apply for their landlord’s consent to assign their current lease
to a proposed purchaser, the tenant shall, before submitting the application for
consent, provide all of the following information to the proposed purchaser:
(a) a copy of the landlord’s reasonable rules that form part of the tenant’s lease;
(b) a copy of any part of the tenant’s lease that is in writing;
(c) the amount of the tenant’s current rent payable;
(d) the date of the tenant’s last rent increase and the rent increase amount.
(3) An application for consent shall include all of the following information:
(a) the address of the manufactured home space upon which the manufactured
home is located;
(b) the name, telephone number and mailing address of the tenant making the
application for consent;
(c) the name, telephone number and current civic address of the proposed
purchaser and the name and telephone number of the landlord, if any, for
that address;
(d) the mailing address of the proposed purchaser, if different from the current
civic address provided under clause (c);
(e) if the proposed purchaser has been at their current civic address for less than
2 years, the previous civic address of the proposed purchaser and the name
and telephone number of the landlord, if any, for that address;
(f) the names and telephone numbers of 2 personal references for the proposed
purchaser;
(g) whether the application for consent is for
(i) the landlord’s consent for the landlord to enter into a new lease with
the proposed purchaser, or
(ii) the landlord’s consent for the tenant to assign the tenant’s current
lease to the proposed purchaser;
(h) the proposed effective date for the new lease or for the assignment of the
tenant’s current lease to the proposed purchaser;
(i) the signed consent of the proposed purchaser authorizing the landlord to do
all of the following for the purpose of verifying or obtaining information
relevant to the application for consent:
(i) contact the other landlords whose names are provided under clauses
(c) and (e),
(ii) contact the personal references whose names are provided under
clause (f),
(iii) verify the income of and obtain a credit report on the proposed
purchaser;
(j) if the application for consent is for consent to have the tenant’s current lease
assigned to the proposed purchaser, a statement, signed by the proposed
purchaser, acknowledging that the proposed purchaser has received the
information required by subsection (2).
(4) A tenant shall serve an application for consent on their landlord by a method of
service provided for in subsection 15(1) of the Act.
(5) For greater certainty, for the purposes of Statutory Condition 1D of subsection 9(2)
of the Act, the landlord shall, within 10 days of receipt of an application for
consent, consent to the request or set out the reasons why consent is being
withheld, failing which the landlord is deemed to have given consent, even if a
tenant’s application for consent does not include all of the information required by
subsection (3).
(6) If a landlord withholds consent under Statutory Condition 1D of subsection 9(2) of
the Act, the landlord’s written response shall indicate
(a) 1 or more of the reasons set out in subsection (7) why the landlord is
withholding consent; and
(b) the source and nature of the information that supports those reasons.
(7) For the purposes of Statutory Condition 1D of subsection 9(2) of the Act, a
landlord may withhold consent to a tenant’s application for consent only for 1 or
more of the following reasons:
(a) the tenant did not provide all of the information required by subsection 3(3)
of these regulations;
(b) the landlord, on the basis of relevant information, has reasonable grounds to
conclude that the proposed purchaser is unlikely to comply with the lease or
the landlord’s reasonable rules that form part of the lease;
(c) the landlord, on the basis of relevant information, has reasonable grounds to
conclude that the proposed purchaser is unable or unlikely to pay the rent;
(d) the proposed purchaser does not intend to reside in the manufactured home
and
(i) intends to use the manufactured home for business purposes, or
(ii) has purchased more than 1 manufactured home in the landlord’s
land-lease community;
(e) the manufactured home has been removed from the manufactured home
space or destroyed;
(f) the landlord, as a result of being unable to contact 1 or more references
provided under clause 3(3)(f) of these regulations, has insufficient
information to make a decision about the request, but only if the landlord
(i) promptly advised the tenant of his or her inability to contact 1 or
more of those references, and
(ii) made every reasonable effort to contact those references and any
references provided by the tenant in place of those references;
(g) the tenant owes the landlord arrears of rent or an amount due under an order
of the Director or Small Claims Court;
(h) the manufactured home does not comply with municipal by-laws in respect
of the manufactured home or the manufactured home space;
(i) the manufactured home does not comply with the landlord’s reasonable
rules forming part of the lease.
Tenant’s notice to quit under subsection 10(1) or (3) of Act
4 A notice to quit given by a tenant to a landlord under subsection 10(1) or 10(3) of the
Act must be in Form C: Tenant’s Notice to Quit.
Tenant’s notice to quit under Section 10AE of Act where tenant has received notice of
rent increase
4AA A notice to quit given by a tenant to the landlord under Section 10AE of the Act where
the tenant has received notice of a rent increase must be in Form C1: Tenant’s Notice to
Quit Where Tenant Has Received Notice of Rent Increase.
Landlord’s notice to quit for rental arrears under subsection 10(6) of Act
4A A notice to quit for rental arrears given by a landlord to a tenant under subsection 10(6)
of the Act must be in Form D: Landlord’s Notice to Quit for Rental Arrears.
Landlord’s notice to quit for breach of statutory condition or breach of subsection 9B(1)
of Act under subsections 10(7B) and (7C) of Act
4B A notice to quit for breach of a statutory condition or breach of subsection 9B(1) of the
Act given by a landlord to a tenant under subsections 10(7B) and 10(7C) of the Act must
be in Form E: Landlord’s Notice to Quit–Breach of Statutory Condition or Subsection
9B(1) of the Act.
Landlord’s notice to quit under subsection 10(7) or (7A), clause 10(8)(a), (b) or (c) or
clause 10(9)(c) of Act
4C A notice to quit given by a landlord to a tenant under subsection 10(7) or (7A), clause
10(8)(a), (b) or (c), or clause 10(9)(c) of Act must be in Form F: Landlord’s Notice to
Quit–Additional Circumstances.
Tenant’s notice to quit for early termination under Section 10B, 10C or 10D of Act
4D A notice to quit given by a tenant to a landlord under Section 10B, 10C or 10D of the
Act must be in Form G: Tenant’s Notice to Quit–Early Termination of Tenancy.
Physician’s certificate
4E A certificate of a medical practitioner under Section 10B or 10C of the Act must be in
Form H: Physician’s Certificate.
Proof of service on tenants for early termination under Section 10B, 10C or 10D of Act
4F A tenant who terminates their tenancy early under Section 10B, 10C or 10D of the Act
shall use 1 of the following forms for giving their landlord the required proof of service
that a copy of a notice to quit was served on all the tenants in the same residential
premises:
(a) an acknowledgment of service signed by each tenant in the same residential
premises in the form attached to Form G: Tenant’s Notice to Quit–Early
Termination of Tenancy;
(b) a certificate of service for each tenant in the same residential premises in the
form attached to Form G: Tenant’s Notice to Quit–Early Termination of
Tenancy.
Proof of acceptance into nursing home or home for special care
4G For the purpose of Section 10D of the Act, the proof of acceptance to be given by the
tenant to the landlord is a letter from the nursing home or home for special care
confirming that the tenant has been accepted into the nursing home or home for special
care on a permanent basis.
4H [repealed]
Tenant's notice to quit for domestic violence under clause 10F(1)(a) of Act
4I A notice to quit given by a tenant to a landlord under clause 10F(1)(a) of the Act
must be in Form Q: Tenant's Notice to Quit—Domestic Violence.
Establishing common anniversary date for housing associations
4J (1) For the purpose of subsection 11(2A) of the Act, if a landlord that is a housing
association within the meaning of the Co-operative Associations Act wishes to
establish a common anniversary date for the increase of rent payable by tenants, the
landlord shall give the tenants a notice in writing stating the common anniversary
date.
(2) The notice referred to in subsection (1) must be given to the tenants at least 4
months before the common anniversary date.
Security deposit claim form
4K A security deposit claim form to be filed with the Director under subsection 12A(2) of
the Act must be in Form R: Security Deposit Claim Form.
Tenant’s application to Director requesting return of security deposit
4L A tenant’s application to the Director to request the return of a security deposit under
Sections 12B and 13 of the Act must be in Form S: Application to Director—Return of
Security Deposit.
Security deposits
5 For the purposes of subsection 12(4) of the Act, the landlord shall credit interest to the
tenant on the full amount or value of the security deposit on, from and after
(a) January 1, 1985 at the rate of seven percent per annum;
(b) January 1, 1992 at the rate of three percent per annum;
(c) January 1, 1995 at the rate of one percent per annum; and
(d) January 1, 2013, at the rate of zero percent per annum;
compounded annually, while the security deposit is held by the landlord.
6 Every landlord shall keep a record which is clearly distinguishable from the record of
money received and disbursed on his own account, and which shows for each tenant
(a) any money received as a security deposit, any disbursements, and the
undisbursed balance thereof; and
(b) any other value received and delivered as a security deposit, any
disbursements and the undisbursed portion thereof held in trust.
7 Every landlord shall keep a record which shows
(a) a comparison made monthly between the total of the undisbursed balances
of monies held in trust for tenants by the landlord and the total of the
balances held on deposit in the trust account, together with an explanation
for any difference in the totals; and
(b) a consolidated list of all other value held in trust for tenants.
8 Every landlord shall keep a bank statement and pass book of the trust account containing
the security deposits of each tenant.
9 Every landlord who receives a security deposit from a tenant in money shall have at least
one deposit account which shall be
(a) in a chartered bank, credit union or trust company authorized by law to
receive money on deposit;
(b) designated both in the records of the landlord and of the bank, credit union
or trust company as a trust account; and
(c) kept separate and apart from any deposit account containing monies
belonging to the landlord.
10 Money held in trust for or on account of a tenant in respect of a tenancy shall be kept in
the Province and,
(a) upon receipt of a security deposit in money for or on account of a tenant,
every landlord shall pay the money into the landlord’s trust account not later
than the third banking day following the day of receipt thereof by the
landlord; and
(b) upon receipt of a security deposit in other value for or on account of a
tenant, every landlord shall be liable for its safekeeping.
11 (1) No money shall be withdrawn from a landlord’s trust account except as provided
in the Act or these regulations.
(2) Notwithstanding subsection (1), money deposited in a landlord’s trust account by
mistake, accident, or which belongs to the landlord, may be withdrawn.
12 Every cheque drawn on a trust account shall be marked as a trust account cheque and be
payable to a named payee, and no money shall be withdrawn from the trust account on
behalf of the landlord except as provided in the Act or these regulations.
13 No landlord shall at any time
(a) deposit money in, draw on, or otherwise use his trust account for business or
personal use; or
(b) permit his trust account to be overdrawn as a whole, or with respect to the
funds held on account of any tenant.
14 Nothing in these regulations shall deprive a landlord of any recourse or right, whether by
way of a lien, set-off, counterclaim, charge or otherwise, against money in a trust
account, or against other value held by a landlord as a security deposit.
15 (1) A landlord may invest money held as a security deposit in government backed
guaranteed investment certificates.
(2) Where other value is held as a security deposit, no landlord may sell or otherwise
convert the other value into money or invest the proceeds thereof in securities or in
any other manner unless the tenant for or on behalf of whom the security deposit is
held consents in writing.
16 Any interest earned in excess of the rate determined by the Governor in Council for
security deposits shall become the property of the landlord.
17 Charges associated with the setting up and normal operation of a trust account are the
responsibility of the landlord.
18 Every landlord shall at all times maintain a sufficient balance on deposit in his trust
account which together with undeposited money in trust for or on account of a tenant is
sufficient to meet all of the obligations of the landlord with respect to security deposits.
19 Every landlord shall, within ten days from the receipt of a written request from the
Director of Residential Tenancies, file a certificate signed by a public accountant and
satisfactory to the Director as to the financial position of his trust account.
20 [repealed]
21 Upon the sale or transfer of a rental property, a landlord shall transfer his trust account to
the new landlord, together with all records and statements of the trust account.
22 Upon trusteeship, receivership, bankruptcy, abandonment, foreclosure or sale of land
under execution, a landlord shall transfer his trust account to the trustee, receiver,
mortgagee or new landlord, together with all records and statements of the trust account.
Inventory of abandoned personal property
23 (1) Where a tenant leaves personal property in the residential premises after the
tenancy has ended or the tenant has abandoned the residential premises pursuant to
subsection 5(3) of the Act, the landlord shall prepare an inventory in Form A and
file it with the Director, and send a copy of Form A to the tenant as follows:
(a) by registered mail, express post or courier to the tenant’s new address, if
known;
(b) by e-mail, if an e-mail address for the tenant is indicated on the lease; or
(c) if the tenant’s new address is not known and no e-mail address for the
tenant is indicated on the lease, by registered mail, express post or courier to
the address for contact of next of kin, if indicated on the lease.
(2) Subsection (1) does not apply to abandoned personal property that may be
disposed of under subsection 24(4).
Disposing of abandoned personal property
24 (1) The Director may, in writing, authorize a landlord to dispose of abandoned
personal property that has an estimated value of $500 or less by any method
convenient to the landlord, if 30 days have elapsed since Form A was filed with
the Director and mailed to the tenant or the tenant’s next of kin.
(2) The Director may, in writing, authorize a landlord to sell abandoned personal
property that has an estimated value over $500, except manufactured homes,
through a public sale if 30 days have elapsed since Form A was filed with the
Director and mailed to the tenant or the tenant’s next of kin.
(3) A landlord may immediately dispose of abandoned personal property that the
landlord considers to be unsanitary or unsafe to store, and within 10 days of the
date that the property is disposed of, must file Form A with the Director and mail a
copy of Form A to the tenant or the tenant’s next of kin.
(4) A landlord may immediately dispose of abandoned personal property if the
landlord is satisfied on reasonable grounds that 1 of the following applies:
(a) the abandoned personal property has no monetary value;
(b) the cost of inventorying, removing, storing and selling the abandoned
personal property would be more than the proceeds of the sale.
(5) Subsection (4) does not apply to abandoned personal property that is an item such
as a personal document or photograph that by its nature is impossible or difficult to
replace and is of little or no monetary value.
(6) A landlord must prepare an inventory of abandoned personal property disposed of
under subsection (4), and must retain a copy of the inventory for 1 year after the
termination of the tenancy.
Disposing of abandoned manufactured homes
24A (1) The Director may, in writing, authorize the landlord to sell abandoned personal
property that consists of a manufactured home through a public auction, if 30 days
have elapsed since Form A was filed with the Director and mailed to the tenant or
the tenant’s next of kin.
(2) Before authorizing the sale of a manufactured home in accordance with subsection
(1), the Director shall require that a landlord provide proof satisfactory to the
Director that no security interests are held against the manufactured home.
Accounting of sale of abandoned property
24B Within 10 days of the date of a sale or auction of a tenant’s abandoned personal property,
a landlord must file an accounting of sale in Form B with the Director for any abandoned
personal property that is sold.
Application to Director under subsection 13(1) of Act
24C An application to the Director under subsection 13(1) of the Act, other than an
application referred to in Section 4L or Section 24D of these regulations, must be in
Form J: Application to Director.
Application to Director respecting rental arrears under subsections 10(6D) and (6E) and
Section 13 of Act
24D An application to the Director under subsections 10(6D) and (6E) and Section 13 of the
Act must be in Form K: Application to Director–Rental Arrears.
Proof of service of application to Director
25 Proof of service of an application to the Director may be in 1 of the following forms:
(a) Form L: Affidavit of Service—Application to Director;
(b) Form L1: Certificate of Service—Application to Director.
Submitting evidence for use at hearing held by Director
25A (1) Each party to a matter to be heard by the Director under Section 17 of the Act must
submit all of the following to each of the other parties and to the Director:
(a) copies of all evidence that the party intends to rely on at the hearing;
(b) a document identifying the types of evidence submitted under this
subsection and the number of each type of evidence.
(2) A submission under subsection (1) must be made in sufficient time so that each
recipient receives it at least 5 days before the date of the hearing, unless a later time
is permitted under subsection (6).
(3) A submission under subsection (1) must be by 1 of the following methods:
(a) personal service, which, for a submission to the Director, may be to an
Access Nova Scotia office;
(b) if the receiving party is a landlord, prepaid registered mail, prepaid express
post or prepaid courier service addressed to 1 of the following:
(i) the address of the landlord stated in the lease,
(ii) an address where the landlord carries on business as a landlord,
(iii) an address where the rent is payable;
(c) if the receiving party is a tenant, prepaid registered mail, prepaid express
post or prepaid courier service addressed to 1 of the following:
(i) the address of the residential premises if the tenant resides there,
(ii) a forwarding civic address provided by the tenant;
(d) e-mail, if either of the following conditions are met:
(i) the receiving party has provided an e-mail address in the lease to
receive documents and the submission is sent to that e-mail address,
(ii) the receiving party consents to receiving the submission by e-mail
and the submitting party receives a confirmation of delivery from the
receiving party, except that no consent is required for a submission to
the Director by e-mail.
(3A) A submission sent by e-mail under clause 25A(3)(d) must meet both of the
following requirements:
(a) it must be provided in the same or substantially the same form as the
original;
(b) it must be capable of being retained by the receiving party so as to be usable
for subsequent reference.
(3B) A submission sent by registered mail, express post or courier service under this
Section is deemed to have been received by the receiving party on the 3rd day after
the date it was sent, and the submitting party must retain confirmation that it was
prepaid and properly addressed and sent.
(3C) A submission sent by e-mail under this Section is deemed to have been received by
the receiving party on the same day it was sent if the submission was sent before
4:00 p.m., or the next day if the submission was sent at or after 4:00 p.m.
(4) At a hearing, each party must be prepared to demonstrate to the satisfaction of the
Director that the evidence and document referred to in subsection (1) were
submitted to all other parties to the matter as required by this Section.
(5) A party who submits evidence must keep an exact copy of the evidence submitted
(a) for at least 10 days after an order in the matter is made by the Director under
Section 17A of the Act; or
(b) if the order of the Director is appealed to the Small Claims Court, until a
Small Claims Court order in the matter has been made under Section 17D
of the Act.
(6) The Director has the discretion to permit any party to submit evidence at any time,
including at the time of the hearing.
(7) If the Director permits a party to submit evidence later than as required by
subsection (2),
(a) the other parties must be given an opportunity to review the evidence at the
time of the hearing;
(b) any of the other parties may request that the hearing be adjourned; and
(c) the Director may adjourn the hearing to another time if an adjournment is
necessary for any of the other parties to receive copies of the evidence being
submitted.
Types of evidence that may be submitted for use at hearings
25AA(1) The Director may impose restrictions on the acceptable format and file types for
evidence being submitted under Section 25A in digital format.
(2) If evidence submitted is not in an acceptable format or quality to support a fair and
appropriate hearing, the Director may require the party who submitted the evidence
to resubmit it in a different format or to submit exact copies.
(3) The following types of evidence must not be submitted:
(a) physical objects;
(b) living or dead specimens.
(4) For greater certainty, a photograph of the types of evidence referred to in
subsection (3) may be submitted.
(5) A party must make the original of any evidence available to the Director if
requested to do so, and the Director has the discretion to require that the original
document be placed into evidence rather than a copy.
Notice of rent increase for manufactured home space
25AB A notice of rent increase for a manufactured home space under subsection 11A(1) of the
Act must be in Form M: Notice of Rent Increase for Manufactured Home Space.
Annual allowable rent increase amount in land-lease communities
25B (1) In this Section, “Consumer Price Index” means the all-items Consumer Price Index
for Nova Scotia, not seasonally adjusted, published by Statistics Canada.
(2) For the purpose of subsection 11B(1) of the Act, a landlord of a land-lease
community shall not impose a rent increase in the land-lease community by an
amount that is greater than the annual allowable rent increase amount calculated in
accordance with subsection (3) and published by Service Nova Scotia on its
website by March 1 of the preceding year.
(3) The formula for calculating the annual allowable rent increase amount is (X + Y) ÷
2, in which, subject to subsection (4),
(a) X = the annual average percentage change for the Consumer Price Index for
the calendar year that immediately precedes the date the annual allowable
rent increase amount is published in accordance with subsection (2); and
(b) Y = the annual average percentage change for the Consumer Price Index for
the calendar year that immediately precedes the calendar year referred to in
clause (a).
(4) If the annual average percentage change for 1 of the calendar years referred to in
the formula in subsection (3) is a negative value, the annual average percentage
change to be used for that calendar year in calculating the annual allowable rent
increase amount is 0.0 %.
(5) For greater certainty, an annual allowable rent increase amount is valid for rent
increases with an effective date from January 1 to December 31 of the calendar
year following the date the amount is published in accordance with subsection (2).
(6) Despite subsections (2) and (3), if, after the date this Section comes into force, a
landlord of a land-lease community gives a tenant notice of a rent increase that has
an effective date during the 2013 calendar year, the annual allowable rent increase
amount for that increase is 3.0%, which in accordance with subsection 11B(1) of
the Act is the maximum amount that the landlord may impose for that rent
increase.
When rent increase lower than annual allowable rent increase amount
25C A landlord who imposes a rent increase that is less than the annual allowable rent
increase amount shall not carry forward the unused portion to apply to a future calendar
year, but the landlord may, for the next calendar year, apply to the Director under
subsection 11B(2) of the Act and Section 25D of these regulations for permission to
increase rent by an amount that is greater than the annual allowable rent increase amount.
Application for rent increase greater than annual allowable rent increase amount
25D (1) In this Section, “application” means an application to the Director under subsection
11B(2) of the Act by a landlord of a land-lease community for permission to
increase rents in the land-lease community by an amount that is greater than the
annual allowable rent increase amount.
(2) An application must be in Form N: Application to Director–Rent Increase Greater
Than Annual Allowable Rent Increase Amount, and must be filed with the
Director together with
(a) a completed Form O: Financial Information in Support of a Rent Increase
Greater Than Annual Allowable Rent Increase Amount; and
(b) payment of the application fee set out in Section 33 of these regulations.
(3) At least 7 months before the tenant’s anniversary date, a landlord shall serve each
tenant named in the application with both of the following documents in the
manner set out in subsection (4):
(a) a copy of the application;
(b) a Notice of Rent Increase for Manufactured Home Space in Form M.
(4) A landlord shall serve the documents referred to in subsection (3) on each tenant
named in the application by a method of service provided for in subsection 13(2A)
of the Act, and the landlord shall return a copy of the certificate of service in the
form attached to Form N to the Director no later than 14 days after the deadline for
service set out in subsection (3).
(5) If the deadline for service set out in subsection (3) is not met or if the documents
are not served as required by subsection (4), the application is deemed to be
withdrawn with respect to the tenants who were not properly served as required by
those subsections.
(6) If a tenant named in an application wishes to review the Form O: Financial
Information in Support of a Rent Increase Greater Than Annual Allowable Rent
Increase Amount provided by the landlord to the Director, the tenant may contact
the Director to make arrangements to review the form.
(7) If a tenant named in an application wishes to make submissions to the Director in
response to the application, the tenant shall provide their submissions, in writing,
and any supporting documentation to the Director no later than 14 days after the
deadline for service set out in subsection (3).
(8) Any submissions provided by a tenant to the Director in accordance with
subsection (7) are forwarded by the Director to the landlord.
(9) If a landlord wishes to respond to any submissions made by a tenant, the landlord
shall provide their response, in writing, and any supporting documentation to the
Director no later than 14 days after receiving the tenant’s submissions from the
Director.
(10) The Director may require a landlord to submit additional documentation to support
the landlord’s financial information submitted on Form O: Financial Information in
Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount.
(11) In determining the appropriate rent increase amount on an application, the Director
shall not conduct an oral hearing but shall consider all of the following:
(a) the application and Form O: Financial Information in Support of a Rent
Increase Greater Than Annual Allowable Rent Increase Amount filed by the
landlord;
(b) any written submissions and supporting documentation provided by a tenant
under subsection (7);
(c) any written response and supporting documentation provided by the
landlord under subsection (9);
(d) any additional supporting documentation provided by the landlord under
subsection (10);
(e) the guidelines set out in Sections 26 to 32 of these regulations.
(12) The Director shall, within a reasonable time frame, make a written order in
accordance with Section 17A of the Act determining the rent increase amount, and
the order is mailed to the landlord and to all tenants who are subject to the rent
increase amount.
(13) The Director may do any of the following in an order determining a rent increase
amount:
(a) grant the rent increase amount requested by the landlord;
(b) refuse the rent increase amount requested by the landlord;
(c) order some other rent increase amount not exceeding the amount requested
by the landlord in the application.
Guidelines for Review of Application for Rent Increase Greater than Annual Allowable
Rent Increase Amount for Land-lease Communities
Director’s considerations
26 (1) When making a determination on an application pursuant to subsections 11B(2)
and (3) of the Act and Section 25D of these regulations for permission to increase
rent in a land-lease community by an amount greater than the annual allowable rent
increase amount, the Director shall consider the following:
(a) income — total potential income at 100% occupancy of the land-lease
community and any other income generated through and in relation to land-lease community operation;
(b) operating expenses— include the regular expenses necessary to operate the
land-lease community;
(c) [repealed]
(2) In determining amounts for purposes of clause (1)(b) the Director shall also
consider Sections 27 to 32.
Income and operating expenses
27 The Director shall consider the income and operating expenses referred to in Section 26
for each of the following periods:
(a) the calendar year that immediately preceded the date the annual allowable
rent increase amount was published in accordance with subsection 25B(2)
of these regulations; and
(b) the calendar year that immediately preceded the calendar year referred to in
clause (a).
Expenses included as operating expenses
28 For the purposes of clause 26(b) and Section 27 of these regulations, operating expenses
include all of the following:
(a) the following general administration and insurance expenses:
(i) management fee,
(ii) staff wages,
(iii) office supplies and equipment,
(iv) office utilities,
(v) other fees directly related to business operations,
(vi) property and liability insurance;
(b) the following utilities:
(i) water and sewer,
(ii) electricity,
(iii) oil,
(iv) natural gas;
(c) the following grounds and maintenance services expenses:
(i) road maintenance,
(ii) common area and playground maintenance,
(iii) water and sewer testing and maintenance,
(iv) electrical maintenance,
(v) landscaping,
(vi) snow removal,
(vii) garbage removal;
(d) the following miscellaneous maintenance and services expenses:
(i) general equipment and vehicle maintenance,
(ii) pest control,
(iii) security;
(e) property taxes;
(f) any operating expense that the Director determines to be reasonable
compared to industry norms.
Unused portion of annual allowable rent increase amount for previous calendar year
28A The Director shall consider any unused portion of the annual allowable rent increase
amount for the previous calendar year, but the Director shall not allow any unused
portion of an annual allowable rent increase amount for a year that precedes the previous
calendar year.
Expenses not allowed
29 The Director shall disallow any of the following expenses:
(a) any expense incurred in the preparation and presentation of an application
under subsection 11B(2) of the Act and Section 25D of these regulations for
permission to increase rent in a land-lease community by an amount greater
than the annual allowable rent increase amount;
(b) any expenses that do not relate to the rental property;
(c) any expense or portion thereof that the Director determines is incurred as a
result of a non-arms length transaction;
(d) any expense incurred in complying with any statutory enactment, unless the
Director determines that the expense should be allowed in the
circumstances;
(e) any debt servicing expense incurred for any other purpose than completing
capital cost items in the land-lease community;
(f) any expense that is not substantiated; or
(g) any expense that the Director determines to be unreasonable compared to
industry norms.
Management fee
30 (1) A management fee is a justified expense whether paid to another individual or to
the landlord.
(2) The maximum allowable management fee that may be considered by the Director
for each of the 2 calendar years that immediately precede the date the annual
allowable rent increase amount is published in accordance with subsection 25B(2)
is 5% of total income at 100% occupancy.
Capital costs
31 (1) All renovations, improvements and major repairs are considered capital costs.
(2) Consideration is given to the cost of the item and financing for a reasonable period
of time divided by the expected life.
(3) The life expectancy guide attached as Schedule “A” and forming part of these
regulations shall be used unless a landlord can substantiate to the satisfaction of the
Director a shorter life expectancy.
(4) When projecting the interest rate to be applied to the funds required to finance a
capital cost, the prime rate at the time of the review is to be used unless evidence is
presented to substantiate another rate and that rate is determined by the Director to
be reasonable.
Difference between actual and projected capital costs
32 If in a past year the Director allowed a rent increase that was greater than the annual
allowable rent increase amount and was based in part or in whole on projected capital
costs, the Director shall compare the projected capital costs and the actual capital costs
and may consider any difference.
Fees
Fee for application to Director
33 The fee for an application to the Director is $31.15.
Forms
Standard form of lease
34 A standard form of lease under subsection 7(2) of the Act and clause 26(1)(c) of the Act
must be in Form P: Standard Form of Lease.
Prescribed forms
35 The forms listed in the following table and as attached to these regulations are prescribed
to be used for the purposes stated:
Form
|
Purpose of Form
|
A
|
Inventory of tenant’s abandoned personal property under
subsection 5(3) of Act and Section 23 of regulations
|
B
|
Accounting of sale of abandoned personal property under
Section 24B of regulations
|
C
|
Tenant’s notice to quit under subsection 10(1) or (3) of Act
|
C1
|
Tenant’s notice to quit under Section 10AE of Act where tenant
has received notice of rent increase
|
D
|
Landlord’s notice to quit for rental arrears under subsection
10(6) of Act
|
E
|
Landlord’s notice to quit for breach of statutory condition or
breach of subsection 9B(1) of Act under subsections 10(7B) and
10(7C) of Act
|
F
|
Landlord’s notice to quit under subsection 10(7) or (7A), clause
10(8)(a), (b) or (c) or clause 10(9)(c) of Act
|
G
|
Tenant’s notice to quit for early termination under Section 10B,
10C or 10D of Act
|
H
|
Physician’s certificate under Section 10B or 10C of Act
|
I
|
[repealed]
|
J
|
Application to the Director under Section 13 of Act
|
K
|
Application to the Director respecting rental arrears under
subsections 10(6D) and (6E) and Section 13 of Act
|
L
|
Affidavit of service under Section 25 of regulations
|
L1
|
Certificate of service under Section 25 of the regulations
|
M
|
Notice of rent increase for manufactured home space under
subsection 11A(1) of Act
|
N
|
Application to Director under subsection 11B(2) of Act and
Section 25D of regulations for permission to increase rent in
land-lease community by amount greater than annual allowable
rent increase amount
|
O
|
Financial information in support of rent increase greater than
annual allowable rent increase amount under Section 25D of
regulations
|
P
|
Standard form of lease under subsection 7(2) and clause
26(1)(c) of Act
|
Q
|
Tenant’s notice to quit for domestic violence under clause
10F(1)(a) of the Act
|
R
|
Security deposit claim form to be filed with Director under
subsection 12A(2) of Act
|
S
|
Application to Director requesting return of security deposit
under Sections 12B and 13 of Act
|
36 [repealed]
37 [repealed]
38 [repealed]
________________________________________________________________
Schedule A: Life Expectancy Guide—For Land-Lease Communities
Item
|
|
Life (in years)
|
streets, parking areas, driveways,
walkways
|
asphalt
|
8 – 15
|
concrete
|
15
|
gravel
|
10
|
interlocking brick
|
20
|
fences
|
wood
|
8 – 15
|
steel
|
15 – 25
|
roofs
|
flat
|
10 – 15
|
sloped (shingled)
|
15 – 20
|
electrical
|
light fixtures
|
10 – 15
|
panels and distribution
|
20 – 30
|
smoke detectors and fire
alarms
|
10 – 20
|
________________________________________________________________
[Forms]
Form A: Inventory of Tenant’s Abandoned Personal Property
(under subsection 5(3) of the Residential Tenancies Act and Section 23
of the Residential Tenancies Regulations)
Address of rental premises
|
Name of tenant
|
Forwarding address for tenant, if known or if unknown for person listed on the lease as next
of kin.
|
Date tenant abandoned rental unit
|
Amount of security deposit
|
Has tenant or next of kin been contacted?
(by registered mail, express post, courier or e-mail)
|
Location where personal property will be stored
|
|
|
|
|
|
Landlord’s name
|
|
Address
|
|
Telephone number/Fax number
|
|
|
|
Contact person
|
|
Telephone number
|
□ The goods are unsanitary or unsafe to store— dispose of immediately.
□ The goods are of an estimated value under $500.00—landlord requests permission to
dispose of them after storing them for 30 days.
□ The goods are of a estimated value over $500.00—landlord will store them for 30 days.
□ The goods include an abandoned manufactured home.
List of abandoned personal property:
|
|
(Attach additional pages if necessary)
|
Additional information:
|
|
|
Signature of landlord
|
|
Date
|
Please forward a copy of this inventory to the Office of Service Nova Scotia and to the tenant, if
forwarding address is known, or to next of kin noted on the lease.
________________________________________________________________
Form B: Accounting of Sale of Abandoned Personal Property
(under Section 24B of the Residential Tenancies Regulations)
Landlord:
|
Address:
|
Landlord’s telephone/fax number:
|
Tenant:
|
Rental unit:
|
Tenancy began:
|
Tenancy ended:
|
Present address of tenant (if known) or of person listed as next of kin on lease
Total proceeds of sale
|
$ (1)
|
|
|
|
|
|
|
|
|
|
Expenses:
|
|
|
Amount
|
|
|
Removal
|
|
$
|
|
|
|
Storage
|
|
|
|
|
|
Advertising
|
|
|
|
|
|
Sale costs (specify)
|
|
|
|
|
|
Other (specify)
|
|
|
|
|
|
Total expenses:
|
|
$ (2)
|
|
|
|
|
|
|
|
|
|
|
Less:
|
|
|
|
|
|
Amount awarded to landlord by order of the
Director or order of the Small Claims Court
|
$ (3)
|
|
|
|
Expenses (enter amount from line 2)
|
$ (4)
|
|
|
|
Total (add lines 3 and 4)
|
$ (5)
|
|
$ (5)
|
|
Net proceeds (subtract line 5 from line 1 and
enter on line (6)
|
|
|
$ (6)
|
|
Net proceeds enclosed:
|
$
|
|
|
|
Please make cheque payable to the Public Trustee if net proceeds are shown.
I certify all information given to be true, correct and complete to the best of my knowledge:
|
|
|
|
Signature of landlord
|
|
Date
|
|
|
|
Witness
|
|
Date
|
Residential Tenancies—Inventory of Goods and Proceeds of Sale
Description of articles placed in storage
|
Method of disposition
|
Amount sold for
|
|
|
|
|
|
|
|
Total
|
$
|
|
|
|
________________________________________________________________
Form C: Tenant’s Notice to Quit
(under subsection 10(1) or 10(3) of the Residential Tenancies Act)
To: Landlord’s name:
Address of residential premises:
My tenancy is: (check one)
Type of Tenancy
|
Notice to Quit Must be Given by Tenant
|
□ year to year
|
at least 3 months before the end of any year (see clause 10(1)(a)
of the Act)—a year for this purpose begins on the anniversary
date
|
□ month to month
|
at least 1 month before the end of any month (see clause 10(1)(b)
of the Act)
|
□ week to week
|
at least 1 week before the end of any week (see clause 10(1)(c) of
the Act)
|
□ manufactured home
space
|
at least 1 month before the termination of the tenancy (see clause
10(3)(b) of the Act)
|
I give notice that I am terminating my tenancy on ________________ (date: month/day/year)
Important Information
If the notice is to be given based on a period of 1 or more months, the notice must be given
before the day of the month that rent is payable under the lease.
|
Security deposit return: (check one)
□ I will make arrangements at a future time for the return of my security deposit.
□ Please return my security deposit to me at the forwarding address below:
|
(street number, street name, apt. number)
|
(city/town)
|
(province)
|
(postal code)
|
|
Date:
|
|
|
Tenant’s signature:
|
|
|
|
|
Tenant’s name:
|
|
|
|
|
|
(print)
|
Tenant: Keep a copy of this form for your records.
________________________________________________________________
Form C1: Tenant’s Notice to Quit Where Tenant Has Received Notice of Rent Increase
(under Section 10AE of the Residential Tenancies Act)
To: Landlord’s name: _______________________________________________________
Tenant’s name: ____________________________________________________________
Address of residential premises: ______________________________________________
My tenancy is a year-to-year tenancy and I have received a notice of rent increase dated
___________________ (date: month/day/year) to become effective on __________________ (date:
month/day/year)
I give notice that I am terminating my tenancy on ________________ (date: month/day/year)
Important Information
This notice must be given at least 3 months before the effective date of the rent increase,
and must be given before the day of the month that rent is payable under the lease.
|
Security deposit return: (check one)
□ I will make arrangements at a future time for the return of my security deposit.
□ Please return my security deposit to me at the forwarding address below:
|
(street number, street name, apt. number)
|
(city/town)
|
(province)
|
(postal code)
|
|
Date:
|
|
|
Tenant’s signature:
|
|
|
|
|
Tenant’s name:
|
|
|
|
|
|
(print)
|
Tenant: Keep a copy of this form for your records.
________________________________________________________________
Form D: Landlord’s Notice to Quit for Rental Arrears
(under subsection 10(6) of the Residential Tenancies Act)
To: Tenant’s name(s): __________________________________________
Important Information for Tenants
No later than 15 days after receiving this Notice to Quit, you may:
(a) pay the landlord the total rental arrears shown above. If you do so, this Notice to Quit
is void and of no effect.
OR
(b) apply to the Director for an order setting aside this Notice to Quit by filing an
Application to Director in Form J.
You may obtain a copy of the Application to Director form at an Access Nova Scotia office
or on the Service Nova Scotia website.
If you do not pay the rental arrears or file an Application by the end of the 15th day
after receiving this Notice to Quit, your tenancy is terminated and you must vacate the
premises by the termination date shown above, and your landlord may apply to the Director
for any one or more of the following:
• an order for you to vacate the premises;
• an order requiring you to pay your landlord any rent owing for the month in which
this Notice to Quit was given to you and any rental arrears for previous months;
• an order permitting your landlord to retain your security deposit and interest to be
applied against any rent found to be owing and in arrears.
The Director is authorized to make the order without holding a hearing.
(See subsections 10(6A), 10(6B), 10(6C), 10(6D) and 10(6E) of the Act)
|
Address of residential premises: __________________________________________
Your tenancy is terminated on ____________________ (termination date: month/day/year) and you
must vacate the residential premises by that date for the following reason:
Your rent was 15 days overdue as of ________________. Your monthly rent payment
of $___________ was due on ________________. You owe total rental arrears of
$__________, calculated as follows:
Rent Period
|
Rent Owing
$
|
Rent Paid
$
|
Rental Arrears
$
|
From:
|
To:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Rental Arrears Owing
|
$
|
Date:
|
|
Landlord’s name:
|
|
|
|
|
(print)
|
|
|
Landlord’s civic address:
|
|
|
|
|
(street number)
|
(street name)
|
|
|
|
|
|
|
|
(city/town)
|
(province)
|
|
|
Landlord’s signature:
|
|
Tenants Please Note: If you make an Application to the Director for an order setting aside
this Notice to Quit and the Director decides not to set aside this Notice to Quit, the Director
may order one or more of the following:
• an order for you to vacate the premises;
• an order requiring you to pay your landlord any rent owing for the month in which
this Notice to Quit was given to you and any rental arrears for previous months;
• an order permitting your landlord to retain your security deposit and interest to be
applied against any rent found to be owing and in arrears.
(See subsection 10(6BA) of the Act)
|
Landlord: keep a copy of this notice for your records.
________________________________________________________________
Form E: Landlord’s Notice to Quit—Breach of Statutory Condition or Subsection 9B(1)
of the Act
(under subsections 10(7B) and 10(7C) of the Residential Tenancies Act)
To: Tenant’s name:
Address of residential premises:
Your tenancy is terminated and you must vacate the premises on ____________________
_____________ (date: month/day/year).
I am giving you this notice because you have breached the following statutory condition(s):
(check applicable box)
□ Good behaviour (statutory condition 3 of subsection 9(1) of the Act).
Details:
□ Obligation of the tenant (statutory condition 4 of subsection 9(1) of the Act).
Details:
□ Compliance with municipal by-laws in respect of the tenant’s manufactured home in a
land-lease community (statutory condition 5 of subsection 9(2) of the Act).
Details:
□ Failure to obtain consent of landlord to assign, sublet or otherwise part with possession
of the residential premises (subsection 9B(1) of the Act)
Details:
Date:
|
|
Landlord’s name:
|
|
|
|
|
(print)
|
|
|
Landlord’s civic address:
|
|
|
|
|
(street number)
|
(street name)
|
|
|
|
|
|
|
|
(city/town)
|
(province)
|
|
|
Landlord’s signature:
|
|
Landlord: Please Note
• You must give at least 30 days’ notice to a tenant in a land-lease community.
• You must give at least 15 days’ notice to any other tenant.
(See subsections 10(7B) and 10(7C) of the Act.)
The period of notice referred to above does not include the day you gave this Notice to Quit
to the tenant.
|
Important Information for Tenants
If you do not agree that you breached the statutory condition, you may file an Application to
Director in Form J for an order setting aside this Notice to Quit.
(See subsection 10(7D) of the Act)
|
Landlord: keep a copy of this form for your records.
________________________________________________________________
Form F: Landlord’s Notice to Quit—Additional Circumstances
(under subsection 10(7) or (7A), clause 10(8)(a), (b) or (c),
or clause 10(9)(c) of the Residential Tenancies Act)
To: Tenant’s name:
Address of residential premises:
I hereby give you notice that your tenancy is terminated on _______________________
(date: month/day/year) and you must vacate the premises by that date because:
__________________________________________________________________________.
(specify the reason for giving this notice to quit)
Date:
|
|
Landlord’s name:
|
|
|
|
|
(print)
|
|
|
Landlord’s civic address:
|
|
|
|
|
(street number)
|
(street name)
|
|
|
|
|
|
|
|
(city/town)
|
(province)
|
|
|
Landlord’s signature:
|
|
Important Information
|
See the following provisions of the Residential Tenancies Act for the circumstances in which
a landlord may give a tenant this Notice to Quit:
• subsection 10(7)
• subsection 10(7A)
• clauses 10(8)(a), (b) and (c)
• clause 10(9)(c)
|
Landlord: keep a copy of this form for your records.
________________________________________________________________
Form G: Tenant’s Notice to Quit—Early Termination of Tenancy
(under Section 10B, 10C or 10D of the Residential Tenancies Act)
To: Landlord’s name:
Address of residential premises:
Tenant Please Note: This notice must be given to the landlord before the day of the month
that rent is payable under the lease.
|
I am giving one month’s notice that I am terminating my tenancy on
___________________ (date: month/day/year) because: (check one)
□ A significant deterioration of my health has reduced my income so that I can no longer
pay my rent in addition to my other reasonable expenses (Section 10B of the Act). I am
attaching a Physician’s Certificate in Form H.
□ A significant deterioration of my health has, in the opinion of my physician, resulted in
my inability to continue the lease or makes these residential premises inaccessible to me
(Section 10C of the Act). I am attaching a Physician’s Certificate in Form H.
□ I have been accepted into a nursing home or home for special care on a permanent basis
(Section 10D of the Act). I am attaching a letter from the nursing home or home for
special care confirming this.
Check applicable box:
□ No other tenants reside in the residential premises.
□ I am attaching proof that I have served all of my co-tenants with a copy of this Notice to
Quit.
Security deposit return: (check one)
□ I will make arrangements at a future time for the return of my security deposit.
□ Please return my security deposit to me at the forwarding address below:
(street number, street name, apt. number)
|
(city/town)
|
(province)
|
(postal code)
|
|
Date:
|
|
|
Tenant’s signature:
|
|
|
|
|
Tenant’s name:
|
|
|
|
|
|
(print)
|
Note to Tenant: Proof of Service of All Co-Tenants
Where other tenants reside in the same residential premises, you must serve all the tenants in
the same residential premises (your “co-tenants”) with a copy of this Notice to Quit at least 1
month before the termination of tenancy. You must give the landlord proof of service of all
your co-tenants with a copy of this Notice to Quit, which means that for each co-tenant, you
must give your landlord either:
• an Acknowledgment of Service, in the form attached, signed by each co-tenant
acknowledging that they have been served with a copy of this Notice to Quit;
OR
• a Certificate of Service, in the form attached, for each co-tenant saying how you
served a copy of this Notice to Quit on them.
(See subsections 10B(1), 10B(3), 10C(1), 10C(3), 10D(1) and 10D(3) of the Act and Section
4F of the regulations).
|
Important Information for All Co-Tenants
This notice means that our tenancy is terminated on the date of termination of tenancy
listed above. You may make arrangements with our landlord to sign a new lease. The
landlord cannot refuse to sign a new lease without a valid reason. Please contact the
landlord to make arrangements to do this. If you do not make arrangements with the
landlord, you must vacate the premises by the date of termination of tenancy listed
above.
(See subsections 10B(2), 10C(2) and 10D(2) of the Act)
|
Tenant: Keep a copy of this form and attachments for your records.
Acknowledgment of Service
Name of co-tenant (print):
I acknowledge that I have been served with a copy of the attached Tenant’s Notice to
Quit–Early Termination of Tenancy.
|
|
|
Date
|
|
Co-tenant’s signature
|
Acknowledgment of Service
Name of co-tenant (print):
I acknowledge that I have been served with a copy of the attached Tenant’s Notice to
Quit–Early Termination of Tenancy.
|
|
|
Date
|
|
Co-tenant’s signature
|
Acknowledgment of Service
Name of co-tenant (print):
I acknowledge that I have been served with a copy of the attached Tenant’s Notice to
Quit–Early Termination of Tenancy.
|
|
|
Date
|
|
Co-tenant’s signature
|
Acknowledgment of Service
Name of co-tenant (print):
I acknowledge that I have been served with a copy of the attached Tenant’s Notice to
Quit–Early Termination of Tenancy.
|
|
|
Date
|
|
Co-tenant’s signature
|
Certificate of Service
|
Re: Tenant’s Notice to Quit—Early Termination of Tenancy
|
I, (name), of
(civic address), hereby certify that on ____________
_________________ (day of week), (month/day), 20 ,
I served (name of person served) with a true
copy of the attached Tenant’s Notice to Quit—Early Termination of Tenancy by
|
(check applicable box)
|
|
□
|
personal service at (place of service)
at □ am □ pm (check applicable box)
|
|
OR
|
|
□
|
leaving a copy in the tenant’s mailbox or mail slot at
____________________________________________ (address).
|
|
OR
|
|
□
|
prepaid registered mail, prepaid express post or prepaid courier service to
_______________________________ (address),
and the receipt is attached showing proof that the notice was prepaid and
sent.
|
|
OR
|
|
□
|
sending it electronically to
(e-mail address) at □ a.m. □ p.m. (check applicable box).
|
|
|
Date:
|
Signature:
Print name:
|
•
|
This Certificate must be completed by the person who served the Tenant’s Notice
to Quit—Early Termination of Tenancy.
|
•
|
If you served the notice by registered mail, express post or courier service, it is
deemed to have been served on the 3rd day after the day of mailing. Attach the
receipt showing proof that the notice was prepaid and sent.
|
•
|
If you served the notice electronically and it is sent by 4:00 p.m., it is deemed to
have been served on the day it was sent, unless
|
|
•
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it is sent on a Saturday, Sunday or holiday, in which case it is deemed to have
been served on the next day that is not a Saturday, Sunday or holiday; or
|
|
•
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it is sent after 4:00 p.m. on any day, in which case it is deemed to have been
served on the next day that is not a Saturday, Sunday or holiday.
|
•
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If you served the notice electronically, keep a copy of the e-mail showing the date
and time it was sent for 1 year after the termination of tenancy in case you need to
prove service.
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________________________________________________________________
Form H: Physician’s Certificate—Termination of Tenancy for Health Reasons
(under Section 10B or 10C of the Residential Tenancies Act)
Physician information: This form requires you to certify that your patient has a significant
deterioration of health that prevents them from continuing to reside in their residential premises.
By signing this form, you are providing evidence that will permit your patient to
terminate his or her lease.
Tenant name:
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Tenant telephone:
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Address of residential premises:
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Landlord name:
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Landlord telephone:
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Early termination of the lease must be in accordance with Section 10B or 10C of the
Residential Tenancies Act, as printed at the bottom of this form.
I, , hereby certify that I have examined the above-named
tenant, ___________________________, and that s/he has suffered a significant deterioration
of health that:
(check applicable box)
□ has resulted in a reduction of the tenant’s income so that the tenant can no longer pay
his/her rent in addition to the tenant’s other reasonable expenses.
□ results in the inability of the tenant to continue the lease.
□ renders the residential premises inaccessible to the tenant.
Date:
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Physician’s signature:
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Physician’s name:
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(print)
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Early termination upon income reduction
10B (1) Notwithstanding Section 10, where the income of a tenant, or one of a group of
the tenants in the same residential premises, is so reduced because of a
significant deterioration of a tenant’s health that it is not reasonably sufficient to
pay the rent in addition to the tenant’s other reasonable expenses, or if there is
more than one tenant, the tenant’s portion of the rent and other reasonable
expenses, the tenant may terminate a year-to-year or fixed-term tenancy by
giving the landlord
(a) one month’s notice to quit, in the form prescribed by regulation;
(b) a certificate of a medical practitioner, in the form prescribed by
regulation, evidencing the significant deterioration of health; and
(c) proof of service, in the form prescribed in the regulations, of all the
tenants in the same residential premises with a copy of the notice to quit.
(2) Where a tenancy is terminated pursuant to subsection (1), the tenancy is
terminated for all the tenants in the same residential premises, but the other
tenants may enter a new landlord and tenant relationship with the landlord with
the consent of the landlord, which consent must not be arbitrarily or
unreasonably withheld.
(3) Where other tenants reside in the same residential premises, the tenant seeking
to terminate a tenancy pursuant to this Section shall serve all the tenants in the
same residential premises with a copy of the notice to quit at least one month
before the termination of tenancy.
Early termination for health reasons
10C (1) Notwithstanding Section 10, where a tenant or a family member residing in the
same residential premises in a year-to-year or fixed-term tenancy has suffered a
significant deterioration in health that, in the opinion of a medical practitioner,
results in the inability of the tenant to continue the lease or where the residential
premises are rendered inaccessible to the tenant, the tenant may terminate the
tenancy by giving the owner
(a) one month’s notice to quit, in the form prescribed in the regulations;
(b) a certificate of a qualified medical practitioner, in the form prescribed by
regulation, evidencing the significant deterioration of health; and
(c) proof of service, in the form prescribed by regulation, of all the tenants
in the same residential premises with a copy of the notice to quit.
(2) Where a tenancy is terminated pursuant to subsection (1), the tenancy is
terminated for all the tenants in the same residential premises, but the other
tenants may enter a new landlord and tenant relationship with the landlord with
the consent of the landlord, which consent must not be arbitrarily or
unreasonably withheld.
(3) Where other tenants reside in the same residential premises, the tenant seeking
to terminate a tenancy pursuant to this Section shall serve all the tenants in the
same residential premises with a copy of the notice to quit at least one month
before the termination of tenancy.
________________________________________________________________
Form I: [repealed]
________________________________________________________________
Form J: Application to Director
Office of Service Nova Scotia File Number:
Application to Director
(under Section 13 of the Residential Tenancies Act)
Notice of Hearing
(to be completed by staff)
|
You are required to attend a Residential Tenancies Hearing by telephone on
(day of week), (month/day), (year), at
: a.m./p.m.
The toll-free number is or, if calling local, dial . When
prompted dial the Conference Code , and press #.
The applicant must serve the other named party(ies) on the application and return to the
Access Nova Scotia Centre to file a Certificate of Service or an Affidavit of Service by
(day of week), (month/day), (year).
(If you have any concerns with service of documents, contact your assigned Residential
Tenancy Officer to discuss.)
All parties must submit their evidence to the other party(ies) and the Residential Tenancy
Officer by (day of week), (month/day),
(year).
Documentation such as evidence for your hearing may be dropped off at the following
address:
If either party has questions pertaining to the hearing process you may contact the
Residential Tenancy Officer assigned to your hearing:
Residential Tenancy Officer: __________________________
E-mail: _________________
Phone: _________________
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Filed by::
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(Applicant)
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name (first name, initial, last name and company name if applicable)
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□ Landlord
□ Tenant
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( )
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street number, street name, apt. number
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home phone
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( )
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city/town, postal code
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business/other phone
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mailing address (if different)
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e-mail address
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□
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I hereby consent to staff of Service Nova Scotia communicating with me
about this Application by e-mail.
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Against:
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(Respondent)
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name (first name, initial, last name and company name if applicable)
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□ Landlord
□ Tenant
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( )
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street number, street name, apt. number
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home phone
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( )
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city/town, postal code
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business/other phone
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mailing address (if different)
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e-mail address
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Regarding:
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civic address of rental unit (street number, street name, apt. number, city/town, postal code)
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Information about the Lease
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Date tenant moved in: ___________ Date tenant moved out (if applicable):___________
Has notice to quit been given?
□ No
□ Yes It was given by □ Landlord
□ Tenant
Date notice to quit given _______________________ (YYYY/MM/DD)
Notice to quit is effective on_______________________ (YYYY/MM/DD)
Is there a written lease: □ No □ Yes (Please attach a copy of the lease.)
Term of Lease: □ Year-to-year Rent due: $___________ each ___________
□ Month-to-month (week, month)
□ Week-to-week
□ Fixed-term
Did the landlord provide the tenant with a copy of the Residential Tenancies Act? □ Yes □ No
Did the landlord provide the tenant with a copy of the lease?□ Yes□ No
Was a security deposit paid? □ Yes □ No
If yes, amount: $__________ Date paid: ______________
This is an application for:
(Please check all that apply. Please provide a full description of the reasons for your
application. Use an additional sheet if necessary.)
If the Applicant is the tenant:
[ ] Costs of the application fee
[ ] Termination of tenancy
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Compliance with a lease or the Act
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Repairs
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Setting aside a notice to quit given by the landlord
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Payment of money
□ relief from rent owing
□ compensation for expenses incurred
__________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Other:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
If the Applicant is the landlord:
[ ] Costs of the application fee
[ ] Termination of tenancy and vacant possession for the purpose of renovations or making
repairs or demolition of the residential premises
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Termination of tenancy and vacant possession for any other reason (specify)
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Payment of money
□ unpaid rent
□ damages to property
□ other
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Compliance with a lease or the Act
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
[ ] Other:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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Applicant’s signature
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Date
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Respondents—Please Note
Important Information
|
This application has been filed with the Director of Residential Tenancies.
• The Director has authorized the Residential Tenancy Officer to investigate and attempt to
mediate the dispute. If there is no mediation, the Residential Tenancy Officer will make a
decision within 14 days.
• Mediation means that the parties discuss the dispute and come to an agreement on how
best to resolve it. The Residential Tenancy Officer will encourage mediation and help you
and the applicant discuss the matter so you may resolve the dispute.
• If you come to an agreement, the Residential Tenancy Officer will prepare a written
settlement for both parties to sign. There can be no appeal of the settlement.
• If you are not able to come to an agreement, the Residential Tenancy Officer will hold the
hearing and decide the issue within 14 days. See Notice of Hearing.
• The Director’s order that the Residential Tenancy Officer issues will be based on
information obtained during the Officer’s investigation, your mediation efforts and
evidence presented at the hearing, if the hearing is necessary.
• If you do not attend the hearing, the Residential Tenancy Officer is authorized to issue an
order based on information obtained during the Officer’s investigation and from the
Applicant.
________________________________________________________________
Form K: Application to Director—Rental Arrears
Office of Service Nova Scotia File Number:
Application to Director—Rental Arrears
(under subsections 10(6D) and 10(6E) and Section 13 of the Residential Tenancies Act)
Important Information
|
This form may be used only if all of the following apply:
• The landlord has served a Notice to Quit for Rental Arrears under subsection 10(6) of the
Act on the tenant after the rent was in arrears for 15 days.
• 15 days have elapsed since the Notice to Quit was served.
• The tenant has not paid the rental arrears.
• The tenant has not applied to the Director to have the Notice to Quit set aside.
If you wish to claim for rental arrears for months after the month in which the Notice to Quit
for Rental Arrears was given or for damage to the rental unit, you may not use this
application form. Please complete an Application to Director in Form J.
The applicant must serve the other named party(ies) on the application with a copy of this
application and return to the Access Centre to file an Affidavit of Service in Form L or a
Certificate of Service in Form L1 by (day of week),
(month/day), (year).
|
Filed By: (Applicant—Landlord)
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name (first name, initial, last name or company name)
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( )
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street number, street name, apt. number
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home phone
|
|
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( )
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city/town, postal code
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business/other phone
|
|
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mailing address (if different)
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e-mail address
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□I hereby consent to staff of Service Nova Scotia communicating with me about this
Application by e-mail.
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Against: (Respondent—Tenant)
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name (first name, initial, last name)
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|
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( )
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street number, street name, apt. number
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home phone
|
|
|
( )
|
city/town, postal code
|
business/other phone
|
|
|
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mailing address (if different)
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e-mail address
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Regarding:
|
|
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civic address of rental unit (street number, street name, apt. number, city/town, postal code)
|
This is an application for: (check all that apply)
□ Vacant possession
□ Payment of rent owing for the month in which the Notice to Quit for Rental Arrears was
given and any rent in arrears for months previous to that month
□ Retention of security deposit and interest to be applied against rent found to be owing for
the month in which the Notice to Quit for Rental Arrears was given and any rent in arrears
for months previous to that month
Additional information: Notice to Quit for Rental Arrears
Date Notice to Quit for Rental Arrears served on tenant(s): _______________ (date)
□ Attach a copy of the Notice to Quit for Rental Arrears
Effective date of termination of tenancy: _____________________ (date)
Method of service of Notice to Quit: □ Personal service
□ Leaving a copy in the tenant’s mailbox or mail slot at
the residential premises at ______________________
(address), and the tenant currently resides there
□ Prepaid registered mail, prepaid express post or
prepaid courier service
□ Electronic service
Additional information: rental arrears
Term of Lease: □ Year-to-year Rent due: $________ each __________
□ Month-to-month (week, month)
□ Fixed-term Total rental arrears owing $__________
(must match amount shown on Notice to Quit for Rental Arrears)
Rent paid since Notice to Quit for Rental Arrears given:
$ ____________.
Information about the Lease
What date did the tenant move in? (YYYY/MM/DD)
What date did the tenant move out? (YYYY/MM/DD)
Is there a written lease? □ No
□ Yes (Please attach a copy of the lease)
Did the landlord provide the tenant with a copy of the lease? □ Yes □ No
Did the landlord provide the tenant with a copy of the Residential Tenancies Act?
□ Yes □ No
Additional information: security deposit
Was a security deposit collected? □ Yes □ No
Amount:
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$
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Date paid:
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Applicant’s signature
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Date
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Certificate of Service of Notice to Quit for Rental Arrears
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I, ________________________________ (name), of ___________________________ (civic
address), hereby certify that on ____________________________ (day of week),
___________ (month/day), 20____, I served the Tenant _________________________ (name
of person served) with a Notice to Quit for Rental Arrears in Form D by
|
(check applicable box)
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□
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personal service at ________________________________ (place of service)
at □ a.m. □ p.m. (check applicable box)
|
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OR
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□
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leaving a copy in the tenant’s mailbox or mail slot at the residential premises
at (address), and the tenant
currently resides there.
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OR
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prepaid registered mail, prepaid express post or prepaid courier service to
(address), and the receipt is attached
showing proof that the notice was prepaid and sent.
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OR
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sending it electronically to (e-mail address) at
□ a.m. □ p.m. (check applicable box), and a copy of the e-mail is attached
showing the date and time the notice was sent.
|
I further certify that I have attached a true copy of the Notice to Quit for Rental Arrears
served on the Tenant.
|
Date:______________________
|
Signature: _______________________
Print name: ______________________
|
•
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This Certificate must be completed by the person who served the Notice to Quit
for Rental Arrears.
|
•
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If you served the Notice to Quit for Rental Arrears by registered mail, express
post or courier service, it is deemed to have been served on the 3rd day after the
day of mailing. Attach the receipt showing proof that the notice was prepaid and
sent.
|
•
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If you served the Notice to Quit for Rental Arrears electronically and it is sent by
4:00 p.m., it is deemed to have been served on the day it was sent, unless
|
|
•
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it is sent on a Saturday, Sunday or holiday, in which case it is deemed to have
been served on the next day that is not a Saturday, Sunday or holiday; or
|
|
•
|
it is sent after 4:00 p.m. on any day, in which case it is deemed to have been
served on the next day that is not a Saturday, Sunday or holiday.
|
•
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If you served the Notice to Quit for Rental Arrears electronically, attach a copy of
the e-mail showing the date and time the notice was sent.
|
•
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Attach a true copy of the Notice to Quit for Rental Arrears served on the tenant.
|
Affidavit in Support of Application
|
I, (name), of
(civic address), make oath and say as follows:
|
1.
|
That I request an order for the Tenant to vacate the residential premises at
(address of rental unit)
|
2.
|
That the total rent owing for the month in which the Notice to Quit for Rental Arrears
was given is $ .
|
3.
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That the total rent that is in arrears for months previous to that month is
$ .
|
4.
|
That since the Notice to Quit for Rental Arrears was given to the Tenant, I have
received (check one)
|
|
□
|
no rent from the Tenant
|
|
|
OR
|
|
□
|
rent in the amount of $ from the Tenant.
|
5.
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That (check one)
|
|
□
|
the Tenant has not vacated the premises
|
|
|
OR
|
|
□
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the Tenant has vacated the premises as of (date).
|
Dated (month/day), 20________.
|
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Sworn to before me at )
|
|
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in the County of )
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, 20 )
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|
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)
|
|
|
)
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|
|
)
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A Barrister or Commissioner of the Supreme )
Court of Nova Scotia )
|
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Signature
Print name:
|
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•Sign in the presence of a lawyer or commissioner of oaths. (Many Service
Nova Scotia staff are Commissioners.)
|
________________________________________________________________
Form L: Affidavit of Service
(under Section 25 of the Residential Tenancies Regulations)
Service Nova Scotia File Number:____________________
Please print
Re:
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Hearing date:
|
|
Time:
|
□ a.m. □ p.m.
|
I, (name), of (civic address), in
the County of , Nova Scotia, make oath that on
(day of week), (month/day) 20 , I served
(name of person served) with a true copy of (check applicable box(es))
|
|
□
|
Application to Director
|
|
□
|
Notice of Hearing
|
by (check applicable box)
|
|
□
|
personal service at (place of service)
at □ a.m. □ p.m. (check applicable box).
|
|
OR
|
|
□
|
prepaid registered mail, prepaid express post or prepaid courier service to
(address),
and the receipt is attached showing proof that the document was prepaid and
sent.
|
|
OR
|
|
□
|
sending it electronically to (e-mail address)
at □ a.m. □ p.m. (check applicable box), and a copy of the e-mail is
attached showing the date and time the document was sent.
|
|
Dated this ___________ day of ___________________ , 20 _____ .
|
Sworn to before me at __________________,
in the County of _______________________,
this day of ___________________, 20___
|
)
)
)
)
)
)
|
|
|
)
|
|
A Barrister or Commissioner of the Supreme
Court of Nova Scotia
|
)
)
|
Signature
Print name:
|
•
|
This affidavit must be completed by the person who served the document.
|
•
|
Sign in the presence of a lawyer or commissioner of oaths.
(Many Service Nova Scotia staff are commissioners.)
|
•
|
If you served the document by registered mail, express post or courier service, it is
deemed to have been served on the 3rd day after the day of mailing. Attach the
receipt showing proof that it was prepaid and sent.
|
•
|
If you served the document electronically and it is sent by 4:00 p.m., it is deemed to
have been served on the day on which it was sent, unless
|
|
•
|
it is sent on a Saturday, Sunday or holiday, in which case it is deemed to have
been served on the next day that is not a Saturday, Sunday or holiday; or
|
|
•
|
it is sent after 4:00 p.m. on any day, in which case it is deemed to have been
served on the next day that is not a Saturday, Sunday or holiday.
|
•
|
If you served the document electronically, attach a copy of the e-mail showing the
date and time the document was sent.
|
•
|
This affidavit must be received by Service Nova Scotia before investigation and
mediation will begin.
|
________________________________________________________________
Form L1: Certificate of Service
(under Section 25 of the Residential Tenancies Regulations)
Certificate of Service
|
|
|
File Number:
|
Please print
|
|
|
Re:
|
Hearing date:
|
|
Time: □ a.m. □ p.m.
|
I, (name), of _______________________________ (civic address)
in the County of , Nova Scotia, hereby certify that on
(day of week), (month/day) 20 , I served
(name of person served) with a true copy of (check applicable box(es))
|
|
□
|
Application to Director
|
|
□
|
Notice of Hearing
|
by (check applicable box)
|
|
□
|
personal service at (place of service)
at □ a.m. □ p.m. (check applicable box).
|
|
OR
|
|
□
|
prepaid registered mail, prepaid express post or prepaid courier service to
(address),
and the receipt is attached showing proof that the document was prepaid and
sent.
|
|
OR
|
|
□
|
sending it electronically to (e-mail address)
at □ a.m. □ p.m. (check applicable box), and a copy of the e-mail is attached
showing the date and time the document was sent.
|
Date:
|
|
Signature:
|
|
|
Print name:
|
•
|
This Certificate must be completed by the person who served the document.
|
•
|
If you served the document by registered mail, express post or courier service, it is
deemed to have been served on the 3rd day after the day of mailing. Attach the
receipt showing proof that it was prepaid and sent.
|
•
|
If you served the document electronically and it is sent by 4:00 p.m., it is deemed to
have been served on the day on which it was sent, unless
|
|
•
|
it is sent on a Saturday, Sunday or holiday, in which case it is deemed to have
been served on the next day that is not a Saturday, Sunday or holiday; or
|
|
•
|
it is sent after 4:00 p.m. on any day, in which case it is deemed to have been
served on the next day that is not a Saturday, Sunday or holiday.
|
•
|
If you served the document electronically, attach a copy of the e-mail showing the
date and time the document was sent.
|
•
|
This certificate must be received by Service Nova Scotia before investigation and
mediation will begin.
|
________________________________________________________________
Form M: Notice of Rent Increase for Manufactured Home Space
(under Section 11A of the Residential Tenancies Act)
Landlord: Please Note
If this notice is for a rent increase equal to or less than the annual allowable rent increase
amount, this notice must be served on all tenants receiving a rent increase by one of the
methods of service set out in subsection 15(2) of the Act. Service must take place at least 7
months before the tenant’s anniversary date.
If this notice is for a rent increase greater than the annual allowable rent increase amount, this
notice, together with an Application to Director in Form N, must be served on all tenants
receiving a rent increase by one of the methods of service set out in subsection 13(2A) of the
Act.
|
|
Land-lease community name
|
|
Land-lease community address
|
This notice of rent increase applies to the following manufactured home space(s) in the
community: (Provide additional addresses by attaching a separate sheet.)
|
|
|
|
Annual allowable rent increase amount for rent increases with an effective date from
January 1, 20____ to December 31, 20 ____ : _____%.
(As published by Service Nova Scotia on ____________, 20 ___.)
Check applicable box:
□ The rent increase is equal to or less than the annual allowable rent increase amount.
OR
□ The rent increase is greater than the annual allowable rent increase amount. An
Application to the Director in Form N for permission to increase rent by an amount
greater than the annual allowable rent increase amount is attached.
Present rent:
|
$
|
|
|
Rent increase:
|
$
|
|
( ____ %)
|
New rent:
|
$
|
|
|
Effective date of rent increase:
|
|
|
Any change in services?
(The value of a discontinued service is deemed to be a rent increase—see subsection 11(5) of
the Act.)
Tenants: Please Note
If the rent increase is greater than the annual allowable rent increase amount indicated above,
your landlord is required to submit an Application to Director in Form N for permission to
increase your rent by this amount and must provide you with a copy of the Application to
Director in Form N together with this notice. There are instructions on the Application to
Director in Form N outlining how you can make submissions to the Director in response to
the landlord’s application.
|
Landlord’s name, address and telephone number:
________________________________________________________________
Form N: Application to Director—Rent Increase Greater Than
Annual Allowable Rent Increase Amount
Office of Service Nova Scotia File Number:
Application to Director—Rent Increase Greater Than
Annual Allowable Rent Increase Amount
(under subsection 11B(2) of the Residential Tenancies Act and
Section 25D of the Residential Tenancies Regulations)
Important Information
(to be completed by staff)
|
Important deadline for tenants:
If you wish to make submissions in writing to the Residential Tenancy Officer in response to
this application, you must do so no later than _____________________ (date).
Important deadline for landlords:
A copy of this application along with a Notice of Rent Increase for Manufactured Home
Space in Form M must be served on each tenant named in this application. Service must take
place at least 7 months before the tenant’s anniversary date. The notice must be given before
the day of the month that rent is payable. The landlord must return a copy of the Certificate
of Service to the Director no later than _____________ (date).
Landlords and tenants: Both landlords and tenants may inquire about this Application by
contacting the Residential Tenancy Officer by telephone at ________________, by fax at
_______________, or by e-mail at ________________________________.
|
Residential Tenancy Officer
|
|
Date
|
Filed By: (Applicant—Landlord)
|
|
name (first name, initial, last name or company name)
|
|
|
( )
|
street number, street name, apt. number
|
|
home phone
|
|
|
( )
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city/town, postal code
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business/other phone
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mailing address (if different)
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e-mail address
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Against: (Respondent—Tenant)
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Tenant(s) name(s) and civic address of manufactured home space(s)
(street number, street name, city/town, postal code)
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(Attach an additional sheet if necessary.)
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This is an application by the landlord for permission to increase rent by an amount that is
greater than the annual allowable rent increase amount.
Number of manufactured home spaces included in this application: ______
The annual allowable rent increase amount published by Service Nova Scotia for rent increases
with an effective date from January 1, 20____ to December 31, 20____ is _____%.
□ Form O: Financial Information in Support of a Rent Increase Greater Than Annual
Allowable Rent Increase Amount has been completed in full and has been submitted with
this application.
Check applicable box:
□ The applicant is applying for permission to give the same rent increase of ____% with an
effective date of _____________________ (month, day, year) to all tenants named in this
application.
OR
□ The applicant is applying for permission to give rent increases as set out in Appendix A to
this application. (Check this box if giving different rent increases to different tenants).
Check only if applicable:
□ The applicant is seeking to have an unused portion of the annual allowable rent increase
amount from the previous calendar year (the period from January 1, 20___ to December
31, 20___) be considered in this application. The allowable increase for that period was
____%. The applicant gave an increase of ____% during that period, and is seeking to
have the unused portion of ____% considered in this application.
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Applicant’s signature
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Date
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Tenants: Please see important information on page 3 of this form.
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Tenants: Please Note
Important Information
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This application has been filed with the Director of Residential Tenancies.
• The Director has authorized the Residential Tenancy Officer to determine the rent increase
amount in response to this application.
• If you wish to review the Form O: Financial Information in Support of a Rent Increase
Greater Than Annual Allowable Rental Increase Amount or supporting documentation
provided by the landlord to the Director, you may contact the Residential Tenancy Officer
using the information indicated on the first page of this application.
• There will not be an oral hearing. The Director’s order that the Residential Tenancy
Officer issues will be based on this application, the Form O: Financial Information in
Support of Rent Increase Greater Than Annual Allowable Rent Increase Amount, any
written submissions and supporting documentation submitted by the landlord and tenants,
and the guidelines set out in Sections 26 to 32 of the Residential Tenancies Regulations.
• If you wish to make any submissions for the Residential Tenancies Officer to consider, you
must provide your submissions, in writing, and any supporting documentation to the
Residential Tenancy Officer by the deadline indicated on the first page of this application.
If you do not, the Residential Tenancy Officer will issue the order without your input.
Appendix A to Form N: Application to Director for Rent Increase
Greater than Annual Allowable Rent Increase Amount
Tenant’s
Name
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Street Number and
Street Name of
Manufactured
Home Space
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City/Town
and Postal
Code
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Current
Rent:
Dollar
Amount
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Proposed
Rent: Dollar
Amount
(Effective
date:
(dd/mm/yy))
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Proposed
Rent
Increase:
Percentage
Amount
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Proposed
Rent
Increase:
Dollar
Amount
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Certificate of Service
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I, ________________________________ (name), of ___________________________ (civic
address), hereby certify that on ____________________________ (day of week),
_______________ (month/day), 20____, I served a true copy of the attached application and a
Notice of Rent Increase for Manufactured Home Space in Form M on the following tenants
of the following manufactured home spaces: (list names of all tenants served and the civic addresses
of the manufactured home spaces; attach an additional sheet of paper if necessary)
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by (check applicable box)
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□
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personal service
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OR
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□
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prepaid registered mail, prepaid express post or prepaid courier service, and
the receipts are attached showing proof that they were prepaid and sent.
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OR
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□
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sending it electronically, and copies of the e-mails are attached showing the
date and time they were sent.
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Date:
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Signature:
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Print name:
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•
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This Certificate must be completed by the person who served the
documents.
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•
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If you served the documents by registered mail, express post or courier
service, they are deemed to have been served on the 3rd day after the day
of mailing. Attach the receipts for each tenant showing proof that the
documents were prepaid and sent.
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•
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If you served the documents electronically and they were sent by 4:00
p.m., they are deemed to have been served on the day on which they were
sent, unless
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•
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they were sent on a Saturday, Sunday or holiday, in which case they
are deemed to have been served on the next day that is not a
Saturday, Sunday or holiday; or
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•
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they were sent after 4:00 p.m. on any day, in which case they are
deemed to have been served on the next day that is not a Saturday,
Sunday or holiday.
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•
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If you served the documents electronically, attach copies of the e-mails for
each tenant showing the date and time they were sent.
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________________________________________________________________
Form O: Financial Information In Support of a Rent Increase
Greater Than Annual Allowable Rent Increase Amount
(under Section 25D of the Residential Tenancies Regulations)
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Land-lease community name
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Land-lease community address
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Landlord information:
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name (first name, initial, last name or company name)
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( )
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street number, street name
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home phone
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( )
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city/town, postal code
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business/other phone
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mailing address (if different)
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e-mail address
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I declare that the information included in this document and in the attachments is true
and complete, and that the information represents a consistent presentation for all
accounting periods reported.
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Signature of landlord
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Date
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Services Provided
Identify the services and amenities that are presently provided and paid for by the landlord and
included in the rent payable.
[ ] water
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[ ] sewer
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[ ] electricity
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[ ] snow removal
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[ ] garbage removal
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[ ] community security
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[ ] street lighting
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[ ] additional storage area
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[ ] park superintendent
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[ ] other: _______________________
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Are the services identified above available in identical form to all tenants? If no, briefly explain:
Calendar years to be used for financial information
For the purposes of this form, financial information must be reported for the 2 calendar years
used to calculate the annual allowable rent increase amount, as follows:
• Year 1 is the calendar year that immediately precedes the publication date of the annual
allowable rental increase amount used in Form M: Notice of Rent Increase for
Manufactured Home Space.
• Year 2 is the calendar year that immediately precedes the calendar year defined as Year 1.
Income Summary
Total (potential) income for the 2 calendar years defined above:
Year 1: 20___
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________ $____________
Other income (parking, laundry, etc.)..................................................... $____________
Year 2: 20___
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________ $____________
Other income (parking, laundry, etc.)...................................................... $____________
Total$____________
Vacancy Summary
Total vacancies for the 2 calendar years defined above:
Year 1: 20___
Vacancies:
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________ $____________
Year 2: 20___
Vacancies:
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________
_____ lots @ $________/month = $________ × 12 = $________ $____________
Total $____________
Expenses
Total expenses for the 2 calendar years defined above:
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Year 1: 20___
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Year 2: 20___
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General administration and insurance expenses:
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management fee
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staff wages
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office supplies and equipment
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office utilities
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other fees directly related to business operations
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property and liability insurance
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Utilities:
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water and sewer
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electricity
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oil
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natural gas
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Grounds and maintenance services expenses:
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road maintenance
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common area and playground maintenance
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water and sewer testing and maintenance
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electrical maintenance
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landscaping
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snow removal
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garbage removal
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Miscellaneous maintenance and services expenses:
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general equipment and vehicle maintenance
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pest control
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security
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Property taxes
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Other operating expenses:
(specify and attach receipts)
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Total
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Capital Costs
This section to be completed for work completed before
the effective date of the notice of rent increase
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Attach copies of receipts, estimates, etc. for each item below
Description of work:
Completion date: _____________________________________
Cost: $________________ Expected life: _______ years
Description of work:
Completion date: _____________________________________
Cost: $________________ Expected life: _______ years
Attach additional sheet if necessary.
Projected Capital Costs
This section to be completed for work completed before
the effective date of the notice of rent increase
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Attach copies of receipts, estimates, etc. for each item below
Description of work:
Scheduled completion date:
Cost: $________________ Expected life: _______ years
Description of work:
Scheduled completion date:
Cost: $________________ Expected life: _______ years
Attach additional sheet if necessary.
Current and Proposed Rent
Provide the following information for each manufactured home space receiving a rent increase
that is greater than the annual allowable rent increase amount:
Manufactured
Home Space:
Civic Address
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Proposed
Rent
(effective
date:
(dd/mm/yy))
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Proposed
Rent
Increase:
Percentage
Amount
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Proposed
Rent
Increase:
Dollar
Amount
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Current Rent:
Dollar
Amount
(effective date:
(dd/mm/yy))
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Year 1 Rent:
Dollar
Amount
(effective date:
(dd/mm/yy))
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Year 2 Rent:
Dollar
Amount
(effective date:
(dd/mm/yy))
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________________________________________________________________
Form P: Standard Form of Lease
(Residential Tenancies Act, R.S.N.S. 1989, c. 401)
Parties
1. This agreement is made in duplicate between
Landlord
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name (first name, initial, last name or company name)
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civic address (required)
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P.O. box (if applicable)
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city
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postal code
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phone (bus.)
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phone (res.)
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-and-
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Tenant(s)
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name(s)
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name(s)
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name(s)
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Occupants
2. Other adults or children who will occupy premises
____________________________________________________________________________
Only those tenants and occupants named are allowed to live in the premises without written
consent of the landlord.
Premises
3. The landlord will rent to the tenant and the tenant will rent from the landlord the premises at
location
street/apt. no./city/town
Type of property (specify)
Tenant’s mailing address (P.O. box if applicable)
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Postal code
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Tenant’s phone # ____________ (work) ____________ (home)
Emergency contact
4. Next of kin
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______________________________________________________________
emergency contact phone # (work) (home)
______________________________________________________________
address
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Property manager or agent
5. The current agent or property manager for the landlord is
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name
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civic address / phone # (work) / (home)
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6. The current superintendent for the building is
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name
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civic address
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phone # / emergency phone #
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Electronic address for service of documents by landlord on tenant (optional)
7. The tenant(s) agree(s) that the following e-mail address(es) may be used to receive service
of documents from the landlord:
(insert e-mail address)
(insert e-mail address)
(insert e-mail address)
The tenant(s) may change the e-mail address by serving written notice of the new e-mail
address to the landlord in accordance with subsection 15(1) of the Act.
If the tenant provides an e-mail address under this clause, the landlord may use this e-mail
address to serve to the tenant any notice to quit or other documents under the Act, including
applications to the Director.
Electronic address for service of documents by tenant on landlord (optional)
7A. The landlord agrees that the following e-mail address may be used to receive service of
documents from the tenant:
(insert e-mail address).
The landlord may change the e-mail address by serving written notice of the new e-mail
address on at least one of the tenants listed in this lease in accordance with subsection 15(2) of
the Act.
If the landlord provides an e-mail address under this clause, the tenant may use this e-mail
address to serve to the landlord any notice to quit or other documents under the Act, including
applications to the Director.
How to serve
7B. All notices to quit or service of documents, except applications to the Director, must be in
writing and served in accordance with Section 15 of the Act.
Applications to the Director must be served in accordance with subsections 13(2A), (2B) and
(2C) of the Act.
Lease type (complete either 8A or 8B, but not both)
❒ Periodic lease
8A. The tenancy is to start on the _____ day of _____________, 20____ and this shall be the
anniversary date as defined in the Act.
The term is to run (check one)
[__] from year to year
[__] from month to month
[__] from week to week
and the tenancy continues until the landlord or the tenant gives proper notice to terminate.
OR
❒ Fixed-term lease
8B. The tenancy is for a fixed term, beginning on the _____ day of _____________, 20____
and ending on the _____ day of _____________, 20____. Any continuation of the tenancy at
the end of a fixed term requires the written consent of the landlord. At the end of the fixed term,
the tenancy is finished and the tenant must vacate.
Public housing
(check if applicable)
9. [__] The residential premises are administered under a public housing program as defined in
clause 2(fa) of the Residential Tenancies Act. Program eligibility requirements and rules
relating to changes in rent are contained in Schedule _____, attached. Where a landlord
administers a public housing program, a tenant shall provide income verification in the form
required by the public housing program. Tenants in a public housing program are not permitted
to sublet the premises.
Rent
10. The tenant will pay rent of $__________ per _________ (week/month) by:
[__] cash
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[__] pre-authorized automatic withdrawal
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[__] post-dated cheques
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[__] cheque
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[__] other _______________
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(specify)
Rent is due on the _____ day of each month/week and is payable to ____________________.
A late payment fee, if any, shall be charged at no more than 1% per month of the monthly
rental.
Rent increases
11. The landlord shall not increase the rent under this lease for 12 months. The landlord shall
not give a notice of rent increase that provides for a different rent increase amount if the lease is
renewed for a different type of term. The landlord must give a written notice to the tenant of an
increase:
(a) 4 months before the effective date of the increase for a month-to-month or year-to-year lease;
(b) 8 weeks before the effective date of the increase for a week-to-week lease;
(c) 7 months before the anniversary date of a manufactured home space lease.
Note: The landlord may select a date to be the annual rent increase date for all
manufactured home spaces owned or managed by the landlord. If an annual rent
increase date is used, notice must be given 7 months before this date. The landlord
must serve the notice of rent increase on the tenants of the land-lease community.
Where the landlord administers a public housing program and the amount of the tenant’s rent is
increased solely on the basis of an increase in income, the restrictions on frequency of rental
increases and notice requirements do not apply.
Rental incentive (if any)
12. In signing this lease, the landlord has granted to the tenant the following incentives, which
will remain in effect for the duration of the lease:
The tenant is not required to repay or return any rental incentive if he or she terminates the lease
before the end of the term in accordance with the provisions of the Residential Tenancies Act or
sublets or assigns the residential premises to a tenant with the consent of the landlord.
Rent includes
13. The rent includes:
Appliances
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Utilities
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Other (specify)
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[__] stove
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[__] washer & dryer (coin operated)
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[__] lawn care
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[__] fridge
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[__] cable service
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[__] snow removal
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[__] washer & dryer
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[__] heat
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[__] garbage removal
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[__] dishwasher
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[__] water
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[__] _________________
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[__] furniture
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[__] hot water
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[__] _________________
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[__] electricity
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[__] _________________
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[__] parking: # of spaces _____
space #______; #______
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[__] _________________
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[__] facilities to separate recyclables,
organics and refuse
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[__] _________________
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The landlord is responsible for providing these services and the deletion of a service is deemed
to be a rental increase.
The tenant is responsible for the following:
[__] lawn care
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[__] late payment charges
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[__] snow removal
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[__] returned cheque charges not to exceed $_______
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[__] garbage removal
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[__] parking @ $________/month; # of spaces _____
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[__] tenant insurance
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[__] locked out charges/keys not to exceed $_______
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[__] separation of recyclables, organics
and refuse
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[__] assignment/sublet expenses incurred
(not to exceed $75)
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14. Additional obligations
Security deposit
15. [__] A security deposit is not required.
OR
[__] A security deposit of $__________ (not to exceed 1/2 month’s rent) will be deposited for
the tenant by the landlord at _____________________________ (financial institution/branch) in a
trust account within 3 days of its receipt, and will be returned to the tenant with interest within
10 days of the termination of this lease. The landlord shall file a claim for unpaid rent and/or
damages within 10 days of the termination of the lease if the deposit is not returned.
Inspection
16. An inspection of the premises and the preparation of a written inspection report signed by
the landlord and tenant no later than 7 days after the start of the tenancy and no later than 7 days
after the end of the tenancy is recommended. If a report is prepared it shall form part of the
lease.
[__] An inspection report is attached to the lease.
[__] An inspection report is not attached.
Statutory conditions and reasonable rules
17. The landlord and tenant promise to comply with the statutory conditions set out in
Schedule A.
[__] (check if applicable) The rules of the building are attached hereto as Schedule ____.
Assigning or subletting premises
17A. The tenant may assign or sublet the premises, subject to the consent of the landlord. The
landlord may not arbitrarily or unreasonably withhold consent or charge for consent unless the
landlord has actually incurred expense in granting the consent.
Rental arrears
18. In a fixed-term, year-to-year or month-to-month tenancy, where the tenant has not paid the
rent on or before the 15th day after the rent is due, on or after the 16th day after the rent is due
the landlord may give to the tenant notice to quit. The notice to quit is to be effective no earlier
than the 15th day after the date the notice to quit is given to the tenant. No later than 15 days
after receiving the notice to quit, the tenant may
(a) pay to the landlord the rent that is in arrears, and on the payment of that rent the notice to
quit is void and of no effect and this lease continues; or
(b) apply to the Director for an order setting aside the notice to quit.
If the tenant does not pay the rental arrears or make an application to the Director by the end of
the 15th day after receiving the notice to quit, the tenancy is terminated and the tenant must
vacate the premises by the effective date of the notice.
In a week-to-week tenancy, where the tenant has not paid the rent on or before the 7th day after
the rent is due, on or after the 8th day after the rent is due the landlord may give to the tenant
notice to quit. The notice to quit is to be effective no earlier than the 7th day after the date the
notice to quit is given to the tenant.
Tenant’s notice to quit (except fixed-term)
19. All notices to quit for a tenancy other than a fixed-term shall be given by the tenant in
writing in accordance with the following table:
Type of Tenancy
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Notice Period
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[ ] year-to-year
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at least 3 full months before the end of any year (a year for
this purpose begins on the anniversary date) OR if the
tenant receives a notice of rent increase, at least 3 full
months before the effective date of the rent increase
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[ ] month-to-month
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at least 1 full month before the end of any month
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[ ] week-to-week
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at least 1 full week before the end of any week
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[ ] manufactured home space
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at least 1 full month before the end of the tenancy
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If the notice is to be given based on a period of 1 or more months, the notice must be given
before the day of the month that rent is payable under this lease.
Landlord’s notice to quit
20. A landlord may not give a notice to quit except in accordance with Section 10 of the
Residential Tenancies Act.
General
21. This lease is for the benefit of and is binding on the landlord and tenant and their heirs,
executors, administrators, assigns and personal representatives.
22. Any or all tenants signing this lease take full responsibility for all of its terms and
conditions.
Attachments: (initials required)
1
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______
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At least 1 tenant has received a copy of the Act in the following form:
(check the applicable option below)
□ paper copy
□ electronic copy
□ web address for copy published online:__________________________
(insert web address)
within 10 days of the earliest of:
(a) the date specified in the lease as the start of the tenancy;
(b) signing the lease;
(c) receiving keys to the premises;
(d) taking possession of or occupying the premises.
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2
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______
______
______
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All tenants have received a copy of the signed lease within 10 days of the date of
the signing of the lease.
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3
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______
______
______
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All tenants have read, signed and received the rules and attachments to this lease.
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SIGN BOTH COPIES SEPARATELY.
BEFORE YOU SIGN, PLEASE READ THE FOLLOWING NOTICE:
TENANTS: GIVING NOTICE
IF YOU WISH TO TERMINATE A YEAR-TO-YEAR LEASE AT THE END OF
THE LEASE TERM, the law requires that you must give at least 3 months’ written
notice on or before _____________________________________ (notice date—3 months
prior to anniversary date).
Otherwise, the lease will automatically be renewed for another year.
IF YOU ARE IN A YEAR-TO-YEAR LEASE AND YOU RECEIVE A NOTICE OF
RENT INCREASE FROM YOUR LANDLORD, you may terminate the lease by
giving at least 3 months’ written notice before the effective date of the rent increase.
IF YOU WISH TO TERMINATE A MONTH-TO-MONTH LEASE OR A
MANUFACTURED HOME SPACE LEASE, you must give at least 1 full month’s
written notice before the expiration of any such month.
IF YOU WISH TO TERMINATE A WEEKLY TENANCY, you must give 1 full
week’s written notice before the expiration of any such week.
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Date
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Landlord
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ANY OR ALL TENANTS SIGNING THIS LEASE TAKE FULL RESPONSIBILITY
FOR ALL OF ITS TERMS AND CONDITIONS.
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Date
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Tenant
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Date
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Tenant
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Date
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Tenant
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Schedule A: Statutory Conditions
(Section 9, Residential Tenancies Act)
Statutory conditions
9 (1) Notwithstanding any lease, agreement, waiver, declaration or other statement to the
contrary, where the relation of landlord and tenant exists in respect of residential
premises by virtue of this Act or otherwise, there is and is deemed to be an
agreement between the landlord and tenant that the following conditions will apply
as between the landlord and tenant as statutory conditions governing the residential
premises:
Statutory Conditions
1. Condition of Premises - The landlord shall keep the premises in a good state
of repair and fit for habitation during the tenancy and shall comply with any
statutory enactment or law respecting standards of health, safety or housing.
2. Services - Where the landlord provides a service or facility to the tenant that is
reasonably related to the tenant’s continued use and enjoyment of the premises
such as, but not so as to restrict the generality of the foregoing, heat, water,
electric power, gas, appliances, garbage collection, sewers or elevators, the
landlord shall not discontinue providing that service to the tenant without
proper notice of a rental increase or without permission from the Director.
3. Good Behaviour - A landlord or tenant shall conduct himself in such a
manner as not to interfere with the possession or occupancy of the tenant or of
the landlord and the other tenants, respectively.
4. Obligation of the Tenant - The tenant is responsible for the ordinary
cleanliness of the interior of the premises and for the repair of damage caused
by wilful or negligent act of the tenant or of any person whom the tenant
permits on the premises.
5. [repealed]
6. Abandonment and Termination - If the tenant abandons the premises or
terminates the tenancy otherwise than in the manner permitted, the landlord
shall mitigate any damages that may be caused by the abandonment or
termination to the extent that a party to a contract is required by law to mitigate
damages.
7. Notice of Entry - A landlord may enter the premises if the landlord has given
the tenant notice of entry that
(a) is in writing;
(b) states the purpose of entry, which must be reasonable;
(c) states the date and time of the entry, which must be between 8 a.m. and 8
p.m., unless the tenant agrees to a different time;
(d) is given by the landlord to the tenant at least 24 hours and not more than
30 days before the day of entry; and
(e) is delivered
(i) using a method set out in subsection 15(2) of the Act; or
(ii) by text sent to a telephone number provided by the tenant for the
landlord to provide notice of entry.
7A. Entry without Written Notice - A landlord shall not enter the premises
without written notice unless
(a) there is an emergency and the entry is necessary to protect life or
property;
(b) the tenant gives consent at the time of entry;
(c) the tenant gives consent not more than thirty days before the entry; or
(d) the tenant reasonably appears to have abandoned the residential premises.
8. Entry Doors - Except by mutual consent, the landlord or the tenant shall not
during occupancy by the tenant under the tenancy alter or cause to be altered
the lock or locking system on any door that gives entry to the premises.
9. Late Payment Penalty - Where the lease contains provision for a monetary
penalty for late payment of rent, the monetary penalty shall not exceed one per
cent per month of the monthly rent.
(2) In addition to the statutory conditions set out in subsection (1), there is and is
deemed to be an agreement between the landlord and tenant that the following
statutory conditions apply as between them in respect of the lease of a manufactured
home space or a manufactured home in a land-lease community:
Statutory Conditions Respecting Lease of a Manufactured Home Space
or a Manufactured Home in a Land-lease Community
1. The landlord shall not restrict in any way the right of a tenant to sell, lease or
otherwise part with the possession of a manufactured home by the tenant.
1A. Where a tenant wishes to sell or otherwise part with possession of a
manufactured home, the tenant may apply in writing to the landlord on behalf
of the person who wishes to acquire title to or possession of the manufactured
home to become a tenant of the manufactured home space upon which the
manufactured home is located.
1B. The consent of the landlord required by Statutory Condition 1A will not
arbitrarily or unreasonably be withheld.
1C. The landlord shall not charge a commission or fee for granting consent
required by Statutory Condition 1A, other than the landlord’s reasonable
expenses actually incurred in respect to the grant of consent.
1D. The landlord shall in writing, within ten days of receipt of the request made
pursuant to Statutory Condition 1A, consent to the request or set out the
reasons why consent is being withheld, failing which the landlord is deemed to
have given consent to the request.
2. The landlord shall not receive any compensation for acting as the agent of the
tenant in any negotiations to sell, lease or otherwise part with possession of a
manufactured home space or a manufactured home situate in a land-lease
community, unless provided for in a separate written agency agreement that is
entered into by the tenant
(a) after the tenant enters into the tenancy agreement; and
(b) at the time that the tenant decides he wishes to offer his
manufactured home for sale or lease or otherwise part with the
possession of his manufactured home or manufactured home space.
3. (1) Except as provided in this condition, the landlord shall not restrict in any
way the right of the tenant to purchase goods or services from the person
of the tenant’s choice.
(2) The landlord may set reasonable standards for manufactured home
equipment.
(3) Where a person who does not live in the land-lease community and who
is offering goods or services for sale
(a) unduly disturbs the peace and quiet of the land-lease community;
(b) fails to observe reasonable rules of conduct that have been
established by the landlord; or
(c) violates the traffic rules of the land-lease community,
despite a request by the landlord to discontinue the conduct, the landlord
may restrict or prohibit the entry of that person into the land-lease
community.
4. The landlord is responsible for compliance with municipal by-laws in respect
of the common areas of the land-lease community and the services provided by
the landlord to the tenants in the land-lease community.
5. The tenant is responsible for compliance with municipal by-laws in respect of
the tenant’s manufactured home and the manufactured home space on which it
is located to the extent that the landlord is not responsible.
________________________________________________________________
Form Q: Tenant’s Notice to Quit—Domestic Violence
(under clause 10F(1)(a) of the Residential Tenancies Act)
To: Landlord’s name:
|
|
Address of residential premises:
|
|
I give notice that I am terminating my tenancy on _____________ (date: month/day/year)
Date:
|
|
|
Tenant’s name:
|
|
|
|
|
|
(print)
|
|
|
|
Tenant’s signature:
|
|
Landlord: Please Note
You are required by law to ensure that information in the certificate that accompanies this
Notice to Quit is kept confidential.
You may apply to the Director of Residential Tenancies under Section 13 of the Act for an
order setting aside this notice to quit only on the ground that the notice to quit and the
certificate were not properly given to the you as required by subsection 10F(1) of the Act.
The tenancy is terminated for all tenants in the same residential premises, but you and the
other tenants may agree to enter into a new landlord and tenant relationship.
(See Section 10F of the Act)
|
________________________________________________________________
Form R: Security Deposit Claim Form
File Number: ____________
Security Deposit Claim Form
(under subsection 12A(2) of the Residential Tenancies Act)
Important Information
|
A landlord must return the security deposit to a tenant within 10 days of the termination of
the lease unless at least one of the following applies:
• there is unpaid rent;
• there are damages to the rental unit for which the tenant is responsible; or
• the tenant consents in writing to the landlord retaining all or part of the security deposit.
If the landlord wishes to keep all or part of the security deposit, the landlord must:
• Submit this form to the Director of Residential Tenancies within 10 days of the
termination of the lease if any part of the security deposit is being withheld without the
written consent of the tenant. Additional information on the Counting Days Policy can be
found at www.novascotia.ca/rta.
• Send a copy of this form to the tenant within 10 days of the termination of the lease, in
one of the following ways:
• by registered mail, express post or courier to the tenant’s new address, if known.
Keep a copy of the receipt showing proof the notice was properly addressed and
sent.
• electronically, if the tenant provided an e-mail address in the lease. Keep a copy of
the e-mail showing the date and time it was sent.
• if the tenant’s new address is not known and no e-mail address for the tenant is
indicated on the lease, by registered mail, express post or courier to the address for
the next of kin, if indicated on the lease.
If the landlord does not file this form with the Director and send a copy of it to the tenant
within 10 days of the date of the termination of the lease, the landlord is not permitted to
make an application to the Director to retain the security deposit and must return the security
deposit to the tenant.
If unpaid rent or damages, or both, exceed the amount of the security deposit, the landlord
may file a Form J: Application to Director to book a hearing.
For all other disputes, use Form J: Application to Director. Instructions on using Form J can
be found at www.novascotia.ca/rta.
|
Address of rental unit:
Civic address (street number, street name, apt. number):
|
|
City/town:
|
|
Province:
|
|
Postal code:
|
|
Name (company name, if applicable):
|
|
Civic address (street number, street name, apt. number):
|
|
City/town:
|
|
Province:
|
|
Postal code:
|
|
Phone (home):
|
|
Phone (business/other):
|
|
Mailing address (if different):
|
|
E-mail address:
|
|
□ I hereby consent to staff of Service Nova Scotia communicating with me about this form
by e-mail.
Name (full name):
|
|
Civic address (street number, street name, apt. number):
|
|
City/town:
|
|
Province:
|
|
Postal code:
|
|
Phone (home):
|
|
Phone (business/other):
|
|
Mailing address (if different):
|
|
E-mail address:
|
|
Deductions From Security Deposit
|
Description of deductions
|
|
Amount
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total:
|
|
|
Security Deposit Accounting
|
Amount of deposit Date deposit paid Balance
$_______________ _______________ (YYYY/MM/DD)$____________
Landlord’s signature: _______________________Date: _____________ (YYYY/MM/DD)
________________________________________________________________
Form S: Application to Director—Return of Security Deposit
File Number: ____________
Application to Director—Return of Security Deposit
(under Sections 12B and 13 of the Residential Tenancies Act)
Important Information
|
This form is for a tenant who is applying to have their security deposit returned if more than
10 days have passed since the termination of a lease. Additional information on the Counting
Days Policy can be found at www.novascotia.ca/rta.
You may apply to have your security deposit returned if more than 10 days have passed since
the termination of the lease and one of the following has occurred:
• You did not consent in writing to your landlord retaining all or part of the security deposit
and you did not receive your security deposit or a copy of a Form R: Security Deposit
Claim Form; or
• Your landlord filed a Form R: Security Deposit Claim Form and you wish to dispute your
landlord’s claim to the security deposit.
The applicant must serve the landlord with a copy of this application and return to the Access
Centre to file an Affidavit of Service in Form L or a Certificate of Service in Form L1 before
the application will be reviewed by a Residential Tenancy Officer.
For all other disputes, use Form J: Application to Director. Instructions on using Form J can
be found at www.novascotia.ca/rta.
|
Address of rental unit:
Civic address (street number, street name, apt. number):
|
|
City/town:
|
|
Province:
|
|
Postal code:
|
|
Name (full name):
|
|
Civic address (street number, street name, apt. number):
|
|
City/town:
|
|
Province:
|
|
Postal code:
|
|
Phone (home):
|
|
Phone (business/other):
|
|
Mailing address (if different):
|
|
E-mail address:
|
|
□ I hereby consent to staff of Service Nova Scotia communicating with me about this
Application by e-mail.
Name (company name, if applicable):
|
|
Civic address (street number, street name, apt. number):
|
|
City/town:
|
|
Province:
|
|
Postal code:
|
|
Phone (home):
|
|
Phone (business/other):
|
|
Mailing address (if different):
|
|
E-mail address:
|
|
Amount of security deposit Date security deposit paid
$_____________________ _______________ (YYYY/MM/DD)
This is an application for:
□ Return of security deposit in the amount of $____________
□ Costs of the application fee
Reason for application (check which of the following applies):
□ I did not consent in writing to the landlord retaining all or part of the security deposit
and I did not receive my security deposit within 10 days of the date of termination of
the lease or a copy of a Form R: Security Deposit Claim Form.
□ My landlord filed a Form R: Security Deposit Claim Form and I wish to dispute my
landlord’s claim to the security deposit.
Information about the lease
Is there a written lease?
|
□
|
Yes
|
□
|
No
|
What date did the tenancy start?
|
________________ (YYYY/MM/DD)
|
What date did the tenancy terminate?
|
________________ (YYYY/MM/DD)
|
|
|
|
Applicant’s signature: _________________________
|
Date: ___________ (YYYY/MM/DD)
|
Legislative History
Reference Tables
Residential Tenancies Regulations |
N.S. Reg. 190/1989 |
Residential Tenancies Act |
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Residential Tenancies Regulations made
under the Residential Tenancies Act includes all of the following regulations:
|
|
|
|
190/1989
|
Oct 1,
1989
|
date
specified
|
Oct
20, 1989
|
62/1992 |
Jan 1,
1992
|
date
specified
|
Apr 2,
1992
|
268/1992 |
Dec 8,
1992
|
date
specified
|
Dec
25, 1992
|
175/1995 |
Nov
21, 1995
|
date
specified
|
Dec 8,
1995
|
132/1997 |
Oct 1,
1997
|
date
specified
|
Oct
24, 1997
|
20/2003 |
Feb 1,
2003
|
date
specified (date certain provisions of S.N.S. 2002, c. 10 in force on
proclamation)1
|
Feb
21, 2003
|
109/2004 |
Apr 1,
2004
|
date
specified
|
Apr 6,
2004
|
115/2005 |
Jun 2,
2005
|
date
specified
|
Jun
24, 2005
|
154/2007 |
Apr 1,
2007
|
date
specified
|
Mar
30, 2007
|
211/2008 |
Jun 1,
2008
|
date
specified
|
Apr
18, 2008
|
151/2009 |
Jun 1,
2009
|
date
specified
|
Apr
14, 2009
|
127/2011 |
Jun 1,
2011
|
date
specified
|
Apr
15, 2011
|
178/2012 |
Nov
15, 2012
|
date
specified
|
Oct 5,
2012
|
154/2013 |
Apr 1,
2013
|
date
specified
|
Apr
12, 2013
|
304/2013 |
Sep 16,
2013
|
date
specified
|
Sep
20, 2013
|
154/2015 |
Apr 1,
2015
|
date
specified
|
Apr 8,
2015
|
9/2018 |
Jan
23, 2018
|
date
specified
|
Feb 2,
2018
|
144/2018 |
Jul
31, 2018
|
date
specified
|
Aug
17, 2018
|
93/2019 |
Jun
26, 2019
|
date
specified
|
Jul
19, 2019
|
319/2022 |
Feb 3,
2023
|
date
specified
|
Dec
30, 2022
|
140/2024 |
Aug 1,
2024
|
date
specified
|
Jul
26, 2024
|
|
|
|
|
The following regulations are not yet in force and are
not included in the current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
|
|
1 ....................................................... |
ra. as 1(1) 175/1995
|
1(1).............................................. |
ra. from 1 175/1995
|
1(1)(aa) defn. of “public sale”.... |
ad. 115/2005; ra. as 1(1)(d) 178/2012
|
1(1)(b) defn. of “record”............. |
ra. as 1(1)(e) 178/2012
|
1(1)(b) defn. of “Act”................. |
ad. 178/2012
|
1(1)(c) defn. of “trust
account”... |
ra. as 1(1)(f) 178/2012
|
1(1)(c) defn. of “annual
allowable rent increase amount”.................................... |
ad. 178/2012
|
1(1)(d) defn. of “public
sale”...... |
ra. from 1(1)(aa) 178/2012
|
1(1)(e) defn. of “record”............. |
ra. from 1(1)(b) 178/2012
|
1(1)(f) defn. of “trust
account”... |
ra. from 1(1)(c) 178/2012
|
1(2).............................................. |
ra. from 1A 175/1995; rs.
20/2003 |
1(2)(a)......................................... |
rep. 132/1997
|
1(2)(aa)....................................... |
ad. 175/1995
|
1A..................................................... |
ad. 268/1992; ra. as 1(2) 175/1995
|
1A..................................................... |
ad. 175/1995
|
2........................................................ |
rep. 132/1997
|
2........................................................ |
ad. 178/2012
|
3........................................................ |
rep. 132/1997
|
3........................................................ |
ad. 178/2012
|
3(4)................................................ |
rs. 93/2019
|
4........................................................ |
rs. 175/1995; rep. 132/1997
|
4........................................................ |
ad. 178/2012
|
4AA.................................................. |
ad. 319/2022
|
4A..................................................... |
ad. 178/2012
|
4B..................................................... |
ad. 178/2012; am.
319/2022
|
4C-4E............................................... |
ad. 178/2012
|
4G..................................................... |
ad. 178/2012
|
4H..................................................... |
ad. 178/2012; rep. 93/2019
|
4I...................................................... |
ad. 178/2012; ra. as 4J 304/2013
|
4I...................................................... |
ad. 304/2013
|
4J...................................................... |
ra. from 4I 304/2013
|
4K-4L............................................... |
ad. 140/2024
|
5........................................................ |
am. 62/1992; rs. 175/1995 |
5(b)-(c).......................................... |
am. 178/2012 |
5(d)................................................ |
ad. 178/2012
|
15...................................................... |
rs. 115/2005 |
15(1).............................................. |
rs. 175/1995 |
19...................................................... |
am. 20/2003 |
20...................................................... |
rep. 20/2003
|
22...................................................... |
ad. 175/1995
|
23...................................................... |
ad. 175/1995; ra. as 23(1) 93/2019
|
23(1).............................................. |
ra. from 23 93/2019; am. 93/2019
|
23(1)(a)-(c).................................... |
ad. 93/2019
|
23(2).............................................. |
ad. 93/2019
|
24...................................................... |
ad. 175/1995; am. 20/2003; rs. 115/2005 |
24(1).............................................. |
am.
93/2019
|
24(2).............................................. |
am. 178/2012, 93/2019 |
24(4)-(6)........................................ |
ad. 93/2019
|
24A................................................... |
ad. 115/2005; am.
178/2012 |
24A(1)........................................... |
am.
93/2019
|
24B................................................... |
ad. 115/2005
|
24C................................................... |
ad. 178/2012; am.
140/2024
|
24D................................................... |
ad. 178/2012
|
25...................................................... |
ad. 132/1997; rs. 93/2019
|
25(1).............................................. |
am. 20/2003 |
25(4).............................................. |
am. 178/2012, 144/2018 |
25(5).............................................. |
rep. 178/2012
|
25A................................................... |
ad. 178/2012; ra. as 25AB 144/2018
|
25A-25AA........................................ |
ad. 144/2018
|
25AB................................................ |
ra. from 25A 144/2018
|
25A................................................... |
ad. 178/2012
|
25A(2)........................................... |
am.
93/2019
|
25A(3)(b)-(d)................................ |
rs. 93/2019
|
25A(3A)-(3C)............................... |
ad. 93/2019
|
25A(7)(a)....................................... |
am.
93/2019
|
25B................................................... |
ad. 178/2012
|
25B(2) ......................................... |
am. 144/2018
|
25C................................................... |
ad. 178/2012
|
25D................................................... |
ad. 178/2012
|
25D(4) ........................................... |
am. 144/2018, 93/2019
|
26...................................................... |
ad. 132/1997
|
26(1).............................................. |
am. 178/2012 |
26(1)(a)-(b)................................... |
am. 178/2012 |
26(1)(c)......................................... |
rep. 178/2012
|
26(2).............................................. |
am. 178/2012 |
27...................................................... |
ad. 132/1997; rs. 178/2012
|
28...................................................... |
ad. 132/1997; rs. 115/2005, 178/2012
|
28A................................................... |
ad. 178/2012
|
29...................................................... |
ad. 132/1997; am. 178/2012 |
29(a).............................................. |
am. 178/2012 |
29(d)-(e)........................................ |
am. 178/2012 |
30...................................................... |
ad. 132/1997
|
30(2).............................................. |
am. 178/2012 |
31...................................................... |
ad. 132/1997
|
32...................................................... |
ad. 132/1997; rs. 178/2012
|
33...................................................... |
ad. 132/1997; fc.
109/2004, 154/2007, 211/2008, 151/2009, 127/2011, 154/2013, 154/2015
|
34...................................................... |
ad. 132/1997; rs. 178/2012
|
35...................................................... |
ad. 132/1997; rs. 178/2012; am. 304/2013, 144/2018, 93/2019, 319/2022,
140/2024
|
36...................................................... |
ad. 132/1997; rep. 178/2012
|
37...................................................... |
ad. 132/1997; rep. 20/2003
|
38...................................................... |
ad. 132/1997; rep. 178/2012
|
|
Form A............................................. |
ad. 175/1995; am. 20/2003,
115/2005, 178/2012, 144/2018, 93/2019
|
Form B............................................. |
ad. 175/1995; am.
115/2005, 178/2012, 93/2019
|
Form C............................................. |
ad. 132/1997; am. 20/2003; rs. 178/2012; am. 93/2019
|
Form C1........................................... |
ad. 319/2022
|
Form D............................................. |
ad. 132/1997; am. 20/2003,
115/2005; rs. 178/2012; am. 144/2018, 93/2019; rs. 319/2022
|
Form E............................................. |
ad. 132/1997; am. 20/2003; rs. 178/2012; am. 93/2019, 319/2022
|
Form F.............................................. |
ad. 132/1997; rep. 20/2003
|
Form G............................................. |
ad. 132/1997; am. 20/2003,
115/2005; rs. 178/2012; am. 144/2018, 93/2019,
319/2022
|
Form H............................................. |
ad. 132/1997; am.
115/2005; rs. 178/2012
|
Form I............................................... |
ad. 178/2012; rep. 93/2019
|
Form J.............................................. |
ad. 178/2012; am.
304/2013, 144/2018, 319/2022, 140/2024
|
Form K............................................. |
ad. 178/2012; am.
304/2013, 144/2018, 93/2019, 319/2022
|
Form L............................................. |
ad. 178/2012; am. 144/2018; rs. 93/2019;
am. 319/2022
|
Form L1........................................... |
ad. 144/2018; rs. 93/2019; am. 319/2022
|
Form M............................................ |
ad. 178/2012; am. 144/2018, 93/2019, 319/2022
|
Form N............................................. |
ad. 178/2012; am. 144/2018, 93/2019, 319/2022
|
Form O............................................. |
ad. 178/2012
|
Form P.............................................. |
ad. 178/2012; am. 9/2018,
93/2019, 319/2022
|
Form Q............................................. |
ad. 304/2013
|
Form R............................................. |
ad. 140/2024
|
Form S.............................................. |
ad. 140/2024
|
Schedule A....................................... |
rs. 175/1995, 132/1997; am.
178/2012 |
Schedule B....................................... |
rs. 175/1995; rep. 132/1997
|
quotation marks
in “Form “A”” and “Form “B”” struck out throughout |
am.
178/2012
|
“the Department of Service Nova Scotia and Municipal
Relations” and “the Office of Service Nova Scotia and Municipal Relations”
replaced throughout with “the Office of Service Nova Scotia” |
am.
144/2018
|
“Service Nova
Scotia and Municipal Relations” replaced throughout with “Service Nova
Scotia” |
am.
144/2018
|
|
|
|
|
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
|
|
|
1 |
References to the Department of Housing and Consumer
Affairs should be read as references to the Department of Business and
Consumer Services in accordance with amendments made by S.N.S. 1996, c. 8 to
the Public Service Act, R.S.N.S. 1989, c. 376.
(corrected by N.S. Reg. 20/2003)
|
April 1, 1996 |
2 |
References to the Department of Housing and Consumer
Affairs and the Department of Business and Consumer Services should be read
as references to the Department of Service Nova Scotian and Municipal
Relations in accordance with O.I.C. 2000-485 under the Public Service Act, R.S.N.S. 1989, c. 376.
(corrected by N.S. Reg. 20/2003) |
Oct 1, 2000 |
3 |
N.S. Reg. 20/2003 is effective on and after the date
that S. 23 to 37, 39, 40, 41(b) and (c), 42 and 43 of Chapter 10 of the Acts
of 2002, the Justice Administration
Amendment (2002) Act come into force on proclamation (N.S. Reg. 19/2003). |
Feb 1, 2003 |
4 |
References to Service Nova Scotia and Municipal
Relations should be read as references to the Office of Service Nova Scotia
in accordance with O.I.C. 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376.
(corrected by N.S. Reg. 144/2018) |
Apr 1, 2014 |
5 |
The amendments made by N.S. Reg. 144/2018 to replace
“the Office of Service Nova Scotia and Municipal Relations” with “the Office
of Service Nova Scotia” also apply to references to those terms in the
regulations without the article “the” for the purposes of this consolidation. |
|
6 |
References to the Office of Service Nova Scotia and
Service Nova Scotia should be read as references to the Department of Service
Nova Scotia and Internal Services in accordance with O.I.C. 2019-149 under
the Public Service Act, R.S.N.S.
1989, c. 376. |
Jun 3, 2019 |
Repealed and Superseded:
|
|
|
|
194/1982 |
Form
and Fee for County Court Applications Regulations
|
Aug
24, 1982
|
Sep
26, 1982
|
285/1984 |
Security
Deposits Rate of Interest Regulations
|
Dec 4,
1984
|
Sep
26, 1982
|
270/1987 |
Standard
Form of Lease Regulations
|
Feb 1,
1988
|
Oct 1,
1989
|
|
|
|
|
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.