| This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. |
| Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. |
| Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. |
| This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form. |
Residential Tenancies Regulations
made under subsection 12(4) and Section 26 of the
Residential Tenancies Act
R.S.N.S. 1989, c. 401
O.I.C. 89-1118 (September 26, 1989, effective October 1, 1989), N.S. Reg. 190/89
as amended up to O.I.C. 2007-160 (March 26, 2007, effective April 1, 2007), N.S. Reg. 154/2007
Effective June 1, 2008, N.S. Reg. 190/89 is amended by N.S. Reg. 211/2008 (O.I.C. 2008-176).
1A These regulations may be cited as the Residential Tenancies Regulations.
Original Section 1A added: O.I.C. 92-1206, N.S. Reg. 268/92; renumbered subsection 1(2): O.I.C. 95-876, N.S. Reg. 175/95.
Section 1A added: O.I.C. 95-876, N.S. Reg. 175/95.
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;
(aa) “public sale” means a sale of property with notice to the general public, and includes a sale by classified advertisement;
Clause 1(1)(aa) added: O.I.C. 2005-215, N.S. Reg. 115/2005.
(b) “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;
(c) “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.
Section 1 renumbered subsection 1(1): O.I.C. 95-876, N.S. Reg. 175/95.
(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.
Original Section 1A added: O.I.C. 92-1206, N.S. Reg. 268/92; renumbered subsection 1(2): O.I.C. 95-876, N.S. Reg. 175/95; replaced: O.I.C. 2003-32, N.S. Reg. 20/2003.
Sections 2, 3, and 4 repealed: O.I.C. 97-629, N.S. Reg. 132/97.
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; and
(c) January 1, 1995 at the rate of one percent per annum;
compounded annually, while the security deposit is held by the landlord.
Section 5 replaced: O.I.C. 95-876, N.S. Reg. 175/95.
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.
Subsection 15(1) replaced: O.I.C. 95-876, N.S. Reg. 175/95.
(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.
Section 19 amended: O.I.C. 2003-32, N.S. Reg. 20/2003.
Section 20 repealed: O.I.C. 2003-32, N.S. Reg. 20/2003.
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.
Section 22 added: O.I.C. 95-876, N.S. Reg. 175/95.
23 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 by registered mail to the tenant’s new address, if known, or to the address for contact of next of kin, if indicated on the lease.
Section 23 added: O.I.C. 95-876, N.S. Reg. 175/95.
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 60 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 mobile homes, through a public sale or a public auction, if 60 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.
Section 24 replaced: O.I.C. 2005-215, N.S. Reg. 115/2005.
Disposing of abandoned mobile homes
24A(1) The Director may, in writing, authorize the landlord to sell abandoned personal property that consists of a mobile home through a public auction, if 60 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 mobile 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 mobile home.
Section 24A added: O.I.C. 2005-215, N.S. Reg. 115/2005.
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.
Section 24B added: O.I.C. 2005-215, N.S. Reg. 115/2005.
Service
25 (1) Where an application pursuant to subsection 13(1) of the Act is filed, the applicant shall serve a copy of the application on the other parties to the matter by personal service or by registered mail.
Subsection 25(1) amended: O.I.C. 2003-32, N.S. Reg. 20/2003.
(2) For the purposes of subsection 15(1) of the Act, “substituted service” means a method of service set out in subsection (3).
(3) If a party satisfies the Director that reasonable efforts have been made to serve any other party by personal service or by registered mail, and the efforts have been unsuccessful, the Director may authorize substituted service, which may be effected by the party leaving the documents
(a) at the other party’s place of business; or
(b) where the other party is a landlord, with the superintendent responsible for the residential premises or with the property manager at the address noted on the lease; or
(c) where the other party is a tenant, with the tenant’s next of kin as noted on the lease; or
(d) in any other manner satisfactory to the Director.
(4) Proof of service may be in Form “G”.
(5) Where an application has been filed pursuant to subsection 14(1) of the Act, the tenant shall serve the landlord with a copy of the application by personal service or by registered mail or in a manner provided by subsection (3).
Section 25 added: O.I.C. 97-629, N.S. Reg. 132/97.
Review of Notice of Rent Increase Guidelines for Mobile Home Parks
Director’s considerations
26 (1) When making a determination on an application pursuant to Section 14 of the Act, the Director shall consider the following:
(a) income — total potential income at 100% occupancy of the park and any other income generated through and in relation to park operation;
(b) operating expenses — include the regular expenses necessary to operate the mobile home park, and where the actual expense is known, that amount will be used;
(c) increasing operating expenses — include the inflationary increases in basic operating expenses, and where the actual expense is known, that amount will be used.
(2) In determining amounts for purposes of clauses (1)(b) and (c), the Director shall also consider Sections 27 to 32.
Section 26 added: O.I.C. 97-629, N.S. Reg. 132/97.
Operating expenses
27 For the purposes of clause 26(b), operating expenses include
(a) garbage collection;
(b) snow removal;
(c) road maintenance;
(d) maintenance of common areas including playgrounds;
(e) property taxes;
(f) electricity;
(g) insurance;
(h) water and sewer.
Section 27 added: O.I.C. 97-629, N.S. Reg. 132/97.
Increasing operating expenses
28 The Director shall consider the following projected increases:
(a) maintenance of common areas, including playgrounds.....4%
(b) property taxes .................................................................3%
(c) electricity .....................................................................2%
(d) insurance .....................................................................5%
(e) water and sewer...............................................................5%
Section 28 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2005-215, N.S. Reg. 115/2005.
Expenses not allowed
29 The Director shall disallow any of the following expenses or increasing expenses:
(a) any expense incurred in the preparation and presentation of a submission in response to an application for review of a notice of rent increase;
(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;
(e) any debt servicing expense incurred for any other purpose than completing capital cost items in the mobile home park;
(f) any expense that is not substantiated; or
(g) any expense that the Director determines to be unreasonable compared to industry norms.
Section 29 added: O.I.C. 97-629, N.S. Reg. 132/97.
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 is 5% of total income at 100% occupancy for the twelve month period immediately preceding the date of the notice of rent increase.
Section 30 added: O.I.C. 97-629, N.S. Reg. 132/97.
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.
Section 31 added: O.I.C. 97-629, N.S. Reg. 132/97.
Difference between actual and projected costs
32 Where a past year’s rent increase has been based in part or in whole on projected expenses and costs, the Director shall compare the projected costs and the actual costs and may consider any difference.
Section 32 added: O.I.C. 97-629, N.S. Reg. 132/97.
Fee
33 The fee for an application to the Director is $26.70.
Section 33 added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2007-160, N.S. Reg. 154/2007.
Forms
34 A notice of mobile home park rent increase pursuant to subsection 11A(1) of the Act shall be in Form “C”.
Section 34 added: O.I.C. 97-629, N.S. Reg. 132/97.
35 An application to the Director pursuant to subsection 13(1) or subsection 14(1) of the Act shall be in Form “D”.
Section 35 added: O.I.C. 97-629, N.S. Reg. 132/97.
36 Financial information in support of a notice of rent increase pursuant to subsection 14(3) of the Act shall be in Form “E”
Section 36 added: O.I.C. 97-629, N.S. Reg. 132/97.
Section 37 repealed: O.I.C. 2003-32, N.S. Reg. 20/2003.
38 A standard form of lease pursuant to subsection 7(2) and clause 26(1)(c) of the Act shall be in Form “H”
Section 38 added: O.I.C. 97-629, N.S. Reg. 132/97.
-- For Mobile Home Parks
| |||||||||||||||||||||||||||
Schedule "A" added: O.I.C. 97-629, N.S. Reg. 132/97.
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| 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) | |
| 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 60 days. |
| [ ] | The goods are of a estimated value over $500.00 - landlord will store them for 60 days. |
| [ ] | The goods include an abandoned mobile home. |
List of abandoned personal property:
_________________________________________________________________
_________________________________________________________________
(Attach additional pages if necessary)
Additional information: ___________________________________________
| ___________________________
Signature of landlord |
___________________________
Date |
| ___________________________
Witness |
___________________________
Date |
Please forward a copy of this inventory to the Department of Service Nova Scotia and Municipal Relations and to the tenant, if forwarding address is known, or to next of kin noted on the lease.
Form "A" added: O.I.C. 95-876, N.S. Reg. 175/95; amended: O.I.C. 2003-32, N.S. Reg. 20/2003; O.I.C. 2005-215, N.S. Reg. 115/2005.
[Note: formatting has been altered slightly for HTML version.]
| 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
| ||||||
Residential Tenancies - Inventory of Goods and Proceeds of Sale
| Description of articles placed in storage | Method of disposition | Amount sold for |
| Total | $ | |
Form "B" added: O.I.C. 95-876, N.S. Reg. 175/95; amended: O.I.C. 2005-215, N.S. Reg. 115/2005.
| Form "C" | |
| Department of Service Nova Scotia and Municipal Relations | NOTICE OF RENT INCREASE
MOBILE HOME PARK SPACE |
| LANDLORDS PLEASE NOTE
This form must be personally served or sent by registered/certified mail to tenants paying the same rent and being notified of the same rent increase. |
_____________________________________________________________________
|
|
(Discontinuing a service is a rent increase and may be reviewed.)
THIS NOTICE OF RENT INCREASE APPLIES TO THE FOLLOWING MOBILE HOME
SPACES IN THE PARK: (Provide space addresses and attach a separate sheet if necessary.)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
You may file an application to have this notice of rent increase reviewed within 30 days of receiving it. Any application will be deemed to have been filed on behalf of all tenants affected by this notice. An application may be filed at the nearest office of the Department of Service Nova Scotia and Municipal Relations. |
MOBILE HOME PARK LANDLORD'S NAME, ADDRESS & TELEPHONE NUMBER:
_____________________________________________________________________
| DATE:_______________ | SIGNATURE:___________________________ |
Form "C" added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2003-32, N.S. Reg. 20/2003.
| Form "D" |
| Department of Service Nova Scotia and Municipal Relations | FILE NUMBER: ___________________ |
| PLEASE PRINT | PLEASE PRINT |
| FILED BY: | ____________________________________ | ( )_______________ | |
| First Name / Initial / Last name | Home Phone | ||
| (Applicant) | |||
| ____________________________________ | ( )_______________ | ||
| Street number / Street name | Business Phone | ||
| ____________________________________ | |||
| Municipality / Postal Code | ____ Landlord ____ Tenant | ||
| Mailing Address if different:_______________________________________________ | |||
| AGAINST: | ____________________________________ | ( )_______________ | |
| First Name / Initial / Last name | Home Phone | ||
| (Respondent) | |||
| ____________________________________ | ( )_______________ | ||
| Street number / Street name | Business Phone | ||
| ____________________________________ | |||
| Municipality / Postal Code | ____ Landlord ____ Tenant | ||
| Mailing Address if different:_______________________________________________ | |||
RE:_______________________________________________________
| THIS IS AN APPLICATION FOR: | [ ] | Disposition of a security deposit; | |
| [ ] | Termination of tenancy; | [ ] | Repairs; |
| [ ] | Payment of money; | [ ] | Payment of rent in trust; |
| [ ] | Any action by landlord or tenant; | [ ] | Compliance with a lease; |
| [ ] | Review of notice of rent increase and determination of appropriate rent
increase;
(APPLIES TO MOBILE HOME PARKS ONLY) | ||
DETAILS OF CLAIM:_________________________________________________
_____________________________________________________________________
| ________________________
Applicant's Signature |
________________________
Date |
You are required to attend the hearing to be held at ___________________________ in ________________________, NS on _____________, the _______ day of __________________, _______, at _________ am / pm.
This application has been filed with the Director of Residential Tenancies.
- The Director has authorized me to investigate and attempt to mediate the dispute. If there is no mediation, I 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. I will encourage mediation and help you and the applicant discuss the matter so you may resolve the dispute.
- If you come to an agreement, I 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, I will hold the hearing and decide the issue within 14 days. See Notice of Hearing on front. You should bring all information about the dispute to the hearing. For example, letters receipts and photos. You may bring witnesses if you wish. Witnesses should have first hand knowledge of the situation. If you wish to show videotaped evidence, you must bring equipment needed to show it at the hearing.
- The Director's Order that I issue will be based on information obtained during my investigation, your mediation efforts and evidence presented at the hearing, if the hearing is necessary.
- If you do not attend the hearing, I am authorized to issue an Order based on information obtained during my investigation and from the Applicant.
You may inquire about this Application by contacting me by telephone at ____________________ or by fax at _______________.
| ___________________________
Residential Tenancy Officer |
______________________
Date |
Form "D" added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2003-32, N.S. Reg. 20/2003; O.I.C. 2005-215, N.S. Reg. 115/2005.
| Form "E" |
| Department of Service Nova Scotia and Municipal Relations | File Number: __________________ |
IN SUPPORT OF A NOTICE OF RENT INCREASE |
RE:_________________________________________________________________________________
Name and address of Mobile Home Park
| LANDLORD INFORMATION: | ___________________________
Name |
| _______________
Home Phone |
___________________________
Address |
| _______________
Business Phone |
___________________________
Postal Code |
| |||||
Identify the number and approximate size of lots in the park: For example, 10 @ 1000 m2; 10 @ 900 m2; 10 @ 800 m2 = 30 lots.
| _____ @ __________ m2 | _____ @ __________ m2 |
| _____ @ __________ m2 | _____ @ __________ m2 |
Attach additional page(s) if necessary
Total: _________________ Mobile home lots in park
Identify the services and amenities that are presently provided and paid for by the landlord and included in the rent payable.
| [ ] Water | [ ] Sewer | [ ] Electricity |
| [ ] Snow removal | [ ] Garbage removal | [ ] Re-cycling facilities |
| [ ] Street lighting | [ ] Additional storage area | [ ] Park security |
| [ ] Park superintendent | [ ] Other: _______________________________ | |
Are the services identified above available in identical form to all tenants ? If no, briefly explain:
_____________________________________________________________________
Briefly explain why you have served tenants with a Notice of Rent Increase:
_____________________________________________________________________
_____________________________________________________________________
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| ( 1 ) TOTAL | $________ |
| Vacancies: | |
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| _____ Lots @ $________/month = $________ x 12 = | $________ |
| ( 2 ) TOTAL | $________ |
| Other Income ( 3 )
(parking, laundry, etc.) |
$________ ( 4 ) $________ |
| TOTAL ( 1 ) + ( 3 ) | $________ |
Enter proposed "Other Income" for 12 month period after rent increase in line (4).
Enter date that 12 month period ends:___________________________
| EXPENSES: | 12 months
before rent increase |
12 months
after rent increase | |
| Management fee | $ ___________ | $ ___________ | |
| Staff wages | $ ___________ | $ ___________ | |
| Property taxes | $ ___________ | $ ___________ | |
| Insurance | $ ___________ | $ ___________ | |
| Water and sewer | $ ___________ | $ ___________ | |
| Electricity | $ ___________ | $ ___________ | |
| Fuel | $ ___________ | $ ___________ | |
| Snow removal | $ ___________ | $ ___________ | |
| Garbage removal | $ ___________ | $ ___________ | |
| Repair and maintenance | $ ___________ | $ ___________ | |
| Miscellaneous | $ ___________ | $ ___________ | |
| Other | $ ___________ | $ ___________ | |
| TOTAL | $ ___________ | $ ___________ | |
| NET INCOME | $ ___________ | ||
| MUNICIPAL PROPERTY
ASSESSMENT (Attach copy) |
$ ___________ | $ ___________ | |
THE EFFECTIVE DATE OF THE NOTICE OF RENT INCREASE |
- Description of work: _______________________________________ _______________________________________________________ _______________________________________________________
Cost: $________________ Expected life: _______ years
- Description of work: _______________________________________ _______________________________________________________ _______________________________________________________
Cost: $________________ Expected life: _______ years
THE EFFECTIVE DATE OF THE NOTICE OF RENT INCREASE |
- Description of work: _______________________________________ _______________________________________________________ _______________________________________________________
Cost: $________________ Expected life: _______ years
- Description of work: _______________________________________ _______________________________________________________ _______________________________________________________
Cost: $________________ Expected life: _______ years
Attach additional sheet if necessary.
Form "E" added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2003-32, N.S. Reg. 20/2003.
Form "F" added: O.I.C. 97-629, N.S. Reg. 132/97; repealed: O.I.C. 2003-32, N.S. Reg. 20/2003.
| Form "G" | |
| Department of Service Nova Scotia and Municipal Relations | File Number: ______________ |
| PLEASE PRINT | PLEASE PRINT | |
| RE: | HEARING DATE: _______________________ | TIME: _________________ |
| PLACE: ________________________________________________________ | ||
I, ______________________ (Name), of ____________________________ (Street address) in the County of _______________________, Nova Scotia, make oath that on _______________ (Day of the week), the _____ day of ______________, 20____, I served ________________________ (Name of person served) with a true copy of
| _____ | Application to Director; |
| _____ | Notice of Hearing; |
| _____ | Other: _______________________; |
at _______________________________ (Place of service) at ________ am/pm.
DATED this ___________ day of ___________________ , 20 _____ .
| SWORN TO at
in the County of this day of _______________________________ A Commissioner of the Supreme Court of Nova Scotia |
)
) ) ) ) ) ) ) |
_______________________________ Signature |
- THIS DOCUMENT 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 and Municipal Relations STAFF ARE COMMISSIONERS.)
- IT MUST BE RECEIVED BY THE DEPARTMENT OF BUSINESS AND CONSUMER SERVICES OFFICE BEFORE INVESTIGATION AND MEDIATION WILL BEGIN.
Form "G" added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2003-32, N.S. Reg. 20/2003; O.I.C. 2005-215, N.S. Reg. 115/2005.
| Form "H" |
(Residential Tenancies Act R.S.N.S. 1989, c. 401)
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PARTIES
1. This agreement is made in duplicate between
| Landlord | __________________________________________________________________________ | |
| Name | ||
| __________________________________________________________________________ | ||
| Municipal/Civic Address | PO box (if applicable) | |
| __________________________________________________________________________ | ||
| City | Postal Code | |
| ________________________________ | ___________________________________ | |
| Phone (bus.) | Phone (res.) | |
| Tenant(s) | _________________________________________________________________________ | |
OCCUPANTS
Other adults or children who will occupy premises ___________________________________________
Type of property (specify) ___________________________________________
Only those tenants and occupants named are allowed to live in the premises without written consent of the landlord.
PREMISES
2. The landlord will rent to the tenant and the tenant will rent from the landlord the
premises at Location
_________________________________________________________________________
Street / Apt. no. / City/Town
Tenant's mailing address (PO Box if applicable) _____________________________________
_________________________________________________________________________
Postal Code _______________
Tenant's phone # ____________ (work) ____________ (home)
EMERGENCY CONTACT
| Next of Kin | ____________________________________________________________________ | ||
| Emergency Contact | Phone # (work) | (home) | |
[__] The residential premises described above 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 hereto.
PROPERTY MANAGER OR AGENT
3. The current agent or property manager for the landlord is
____________________________________________________________________________
Name
____________________________________________________________________________
Civic Address / Phone # (work) / (home)
4. The current superintendent for the building is
____________________________________________________________________________
Name
____________________________________________________________________________
Address
____________________________________________________________________________
Phone # / Emergency Phone #
WHO TO SERVE
5. All notices to quit or service of documents to the landlord shall be
in writing and served in person, by registered mail or by any other means authorized by
the Director to
[__]the landlord/owner (and/or) [__] the agent or property manager or
[__] the superintendent at the above noted addresses.
LEASE BEGINS
6. The tenancy is to commence or take effect on the ______
day of ______________, 20____ and this shall be the anniversary date as defined in the Act.
The term is to run
[__] from year to year
[__] from month to month
[__] from week to week
(check one)
and the tenancy continues until the landlord or the tenant gives proper notice to terminate.
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.
RENT
7.The tenant will pay rent of $__________ per _________ (week/month) by:
| [__] Cash | [__] Pre-authorized automatic withdrawal | |
| [__] Post-dated cheques | [__] Cheque | [__] Other |
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.
The rent may not increase under this lease for 12 months. The rent may be increased on the anniversary date only. The landlord must give a written notice to the tenant of an increase:
(a) 4 months before the anniversary date of a month to month or year to year lease;
(b) 8 weeks before the anniversary date of a week to week lease;
(c) 7 months before the anniversary date of a mobile home lot lease. Note: The Landlord may select a date to be the annual rent increase date for the park. 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 mobile home park.
Where the landlord administers a public housing program and 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)
8.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 the residential premises to a tenant with the consent of the
landlord.
_______________________________________________________________________________
________________________________________________________________________________
RENT INCLUDES
9.The rent includes:
| Appliances | Utilities |
| [__] stove | [__] washer & dryer (coin operated) |
| [__] fridge | [__] cable service |
| [__] washer & dryer | [__] heat |
| [__] dishwasher | [__] water |
| [__] furniture | [__] hot water |
| [__] other (define) | [__] electricity |
| [__] parking: # of spaces _____ space #______; #______ | |
| [__] facilities to separate recyclables, organics and refuse |
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 | [__] Late payment charges |
| [__] Snow removal | [__] Returned cheque charges not to exceed $_________ |
| [__] Garbage removal | [__] Parking @ $________/month; # of spaces _______ |
| [__] Tenant insurance | [__] Locked out charges/keys not to exceed $_________ |
| [__] Separation of recyclables, organics and refuse |
10.Additional obligations ____________________________________________________
___________________________________________________________________________
___________________________________________________________________________
11. [__] 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 An inspection of the premises and the preparation of a written inspection report signed by the landlord and tenant or an electronic inspection report prepared within 7 days of the start of the tenancy and within 7 days of the end of the tenancy is recommended. If a report is prepared it shall form part of the lease.
[__] A form of inspection report is attached to the lease.
[__] An inspection report is not attached.
REASONABLE RULES
12. The landlord and tenant promise to comply with the statutory conditions
set out in Schedule "A". The tenant acknowledges receipt of the rules of the building
which are attached hereto as Schedule ____. Tenants in a public housing program are not
permitted to sublet the premises.
RENTAL ARREARS
13. In a monthly or yearly tenancy, where a tenant is in arrears in paying the
rent for 30 days or more, the landlord may give the tenant a 15 day written notice to
quit the premises.
In a weekly tenancy, where a tenant is in arrears for 7 days or more, the landlord may give the tenant 7 days written notice to quit the premises.
SECURITY OF TENURE
14. Where a tenant has lived in the premises for 5 years or more, written notice
to quit may only be given by the landlord in accordance with the Residential
Tenancies Act.
Where a tenant has lived in a mobile home for 1 year or more, written notice to quit may only be given by the landlord in accordance with the Residential Tenancies Act.
NOTICE TO QUIT EXCEPT FIXED TERM
15. All notices to quit for a tenancy other than a fixed term shall be given in writing in accordance with the following table:
| Type of Tenancy | Notice by Tenant | Notice by Landlord |
| [ ] Mobile Home Lot | at least 1 full month before the end of the tenancy | at least 6 full months before the end of the tenancy |
| [ ] Yearly | at least 3 full months before the anniversary date | at least 3 full months before the anniversary date |
| [ ] Monthly | at least 1 full month before the end of any month | at least 3 full months before the end of any month |
| [ ] Weekly | at least 1 full week before the end of any week | at least 4 full weeks before the end of any week |
If a tenant has security of tenure, the landlord must apply to the Director for the notice to quit.
PUBLIC HOUSING PROGRAM
16. Where a landlord administers a public housing program a tenant shall provide
income verification in the form as required and the tenant shall not sublet the
premises.
17. This lease is for the benefit of and is binding on the landlord and tenant and their heirs, executors, administrators and assigns.
18. Any or all tenants signing this lease take full responsibility for all of its terms and conditions.
Attachments: (Initials required)
| 1. | ____ | The tenant has received a copy of the Act and regulations within 10 days from grant, possession or occupancy from the landlord. |
| 2. | ____ | The tenant has received a copy of the signed lease within 10 days of the date of the signing of the lease. |
| 3. | ____ | The tenant has read, signed and received the rules and attachments to this lease. |
BEFORE YOU SIGN PLEASE READ THE FOLLOWING NOTICE.
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 WISH TO TERMINATE A MONTH TO MONTH LEASE, OR A
MOBILE HOME LOT 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
ONE FULL WEEK'S NOTICE BEFORE THE EXPIRATION OF ANY SUCH
WEEK. |
| _____________________
Date |
_____________________
Landlord |
ANY OR ALL TENANTS SIGNING THIS LEASE TAKE FULL RESPONSIBILITY FOR ALL OF ITS TERMS AND CONDITIONS.
| _____________________
Date |
_____________________
Tenant |
| _____________________
Date |
_____________________
Tenant |
| _____________________
Date |
_____________________
Tenant |
-----------------------------------------------------------------------------------
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 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. Subletting Premises - The tenant may assign, sublet or otherwise part with possession of the premises subject to the consent of the landlord which consent will not arbitrarily or unreasonably be withheld or charged for unless the landlord has actually incurred expense in respect of the grant of consent. (Pursuant to subsection 6(4) of the Residential Tenancies Act tenants under a housing program shall not sublet the residential premises.)
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. Entry of Premises - Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless
(a) notice of termination of the tenancy has been given and the entry is at a reasonable hour for the purpose of exhibiting the premises to prospective tenants or purchasers; or
(b) the entry is made during daylight hours and written notice of the time of the entry has been given to the tenant at least twenty-four hours in advance of the entry.
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.
Statutory conditions re mobile homes
(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 mobile home space or a mobile home in a mobile home park:
Form "H" added: O.I.C. 97-629, N.S. Reg. 132.97; amended: O.I.C. 2005-215, N.S. Reg. 115/2005.Statutory conditions respecting mobile homes
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 mobile home by the tenant.
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 mobile home space or a mobile home situate in a mobile home park, 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 mobile home for sale or lease or otherwise part with the possession of his mobile home or mobile 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 mobile home equipment.
(3) Where a person who does not live in the mobile home park and who is offering goods or services for sale
(a) unduly disturbs the peace and quiet of the mobile home park;
(b) fails to observe reasonable rules of conduct that have been established by the landlord; or
(c) violates the traffic rules of the mobile home park,
despite a request by the landlord to discontinue the conduct, the landlord may restrict or prohibit the entry of that person into the mobile home park.
4. The landlord is responsible for compliance with municipal by-laws in respect of the common areas of the mobile home park and the services provided by the landlord to the tenants in the mobile home park.
5. The tenant is responsible for compliance with municipal by-laws in respect of the tenant's mobile home and the mobile home space on which it is located to the extent that the landlord is not responsible.
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