Is there a standard form for a tenancy agreement?

Yes. The standard form of lease applies to all written and oral tenancies. It can be purchased from any Access Nova Scotia location for $1 per (duplicate) copy.

If a lease is in writing, does the landlord have to give the tenant a copy?

Yes. The lease must be signed by both the landlord and the tenant. The landlord must give the tenant a signed copy within ten calendar days of signing.

Is the landlord required to give a copy of the Act to the tenant?

Yes. A copy of the Act must be given to the tenant by the landlord within ten calendar days of acceptance.

What happens if the landlord doesn't give a copy of the signed written lease to the tenant within the required time?

The tenant may give a written notice to the landlord to terminate the tenancy. The notice to terminate cannot go beyond three months.

What happens if the landlord doesn't give a copy of the Act to the tenant within the required time?

The tenant may give a written notice to the landlord to terminate the tenancy. The notice to quit cannot go beyond three months.

What happens if the landlord is late in giving the tenant a copy of the lease or a copy of the Act?

The tenant, within a month of receiving a copy of the Act or lease, may give the landlord a written notice to terminate the tenancy. The notice to quit cannot go beyond three months.

Can the landlord ask the tenant to sign as receiving a copy of the lease and/or the Act?

Yes. Tenants should not sign unless they have actually received a copy of the Act and/or the lease.

Is the landlord required to provide the tenant with a name and address of a contact person?

Yes, the landlord is to provide to the tenant, in writing, his or her name; address and telephone number or the name, address and telephone number of a person responsible for the premises.

Is the tenant required to provide the landlord with the names of other people who are going to live in the premise?

Yes, the landlord must approve every occupant of the premises and their name must be included on the lease.

Can a landlord make rules for the premise?

Yes. They cannot be contrary to the Act or standard form of lease and must be reasonable. The landlord should give a copy of the rules to the tenant prior to the signing of the lease. The tenant should ask about the rules before the lease is signed.

Does the tenancy agreement carry on after a change of landlord?

Yes, the tenancy continues as if there were no change. (Check information regarding foreclosures)

Can a landlord ask for post-dated rent cheques?

Yes, the landlord can request post-dated rent cheques.

Can a year-to-year lease be changed to a month-to-month?

Yes. The tenant must give the landlord a three-month written notice to quit, prior to the anniversary date of the tenancy. As well, the tenant must give the landlord a written request to begin a month-to-month lease when the year-to-year lease has ended. The landlord has 30 days to respond. If the landlord does not give the tenant an answer within the 30 days, the lease will automatically go month-to-month.

When a tenant's income is so reduced as a result of a decline in their health and are not able to pay the rent on a year to year lease, what can they do?

The tenant may have his/her doctor complete a medical form available from our offices. The tenant may give a copy of the completed medical form and one tenancy month written notice to quit to the landlord. The landlord may request proof of a reduction of the income.

What happens if a tenant in a year to year lease suffers a significant deterioration in his/her health?

The tenant is to have his/her doctor complete the medical form. The tenant gives a copy of the completed medical form and one tenancy month written notice to quit to the landlord.

What happens when a tenant on a year to year lease has been accepted into a nursing home?

The tenant can give one tenancy month written notice to quit. A letter confirming the acceptance may be requested by the landlord.

What happens if a tenant on a year to year lease dies?

The remaining tenants living in the same unit or a representative of the deceased may give one tenancy month written notice to quit. A death certificate may be requested by the landlord.

What happens when a tenant on a year to year lease receives a transfer in his/her work?

The tenant has to sublet or assign the leasing agreement (see assign/sublet).

Can the terms of a fixed term lease be changed?

Only if the landlord and tenant agree.

When a tenant sublets/assigns a lease, are they still responsible for the lease?

Yes, the tenant(s) who subletted or assigned the lease is still responsible to the lease.

Can the landlord charge the tenant an amount of money for subletting/assigning the lease?

Yes, the landlord may charge a maximum of $25.00.

What are the responsibilities of the landlord?

The landlord must keep the premises in a good state of repair and fit to live in during the tenancy and comply with all laws respecting standards of health, safety or housing.

What are the responsibilities of the tenant?

The tenant is responsible to keep the rental unit and all the appliances clean and for any repairs caused due to their neglect or any guests they allow into the premises.

Should the premises be inspected by the tenant before they take it?

Yes. Make sure it is what you want and can afford. Remember there may be additional expenses other than the rent payment - electricity, cable, phone, parking, heat, etc. Any agreement for repairs/renovations by the landlord should be in writing and a completion date specified. The landlord and tenant should also keep a copy of the agreement.

Can the landlord or the tenant turn off the heat?

No, the landlord cannot turn off the heat. If the tenant is responsible for the heating of the premises, they are to make sure the home is adequately heated.

What temperature is considered to be adequate heat for a premise?

The temperature in the premises should be 70F to 72F / 20C to 22C.

Is the tenant responsible for insurance on their personal belongings?

Yes, the tenant is responsible to insure his/her personal belongings. The landlord may request a copy of the policy.

Does good behaviour apply to the landlord?

Yes. A landlord shall not act in a way that interferes with the possession or occupancy of the tenant or the other tenants.

Does good behaviour apply to the tenant?

Yes. A tenant shall not act in a way that interferes with the possession or occupancy of the tenant or the landlord and the other tenants.

Can the landlord or the tenant change the locks to the unit?

Only if all the parties agree. The landlord is entitled to have keys to the premises.

Can tenants keep pets?

The tenant should check the rules for the premises to make sure that pets are allowed. If the tenant receives consent from the landlord, it is a good idea to get it in writing.

What are the responsibilities of the landlord if the tenant abandons the premises without giving proper notice?

The landlord is responsible to try and reduce any of the damages by doing all that can be done to re-rent the unit as soon as possible.

Can a landlord enter the rented premises?

Only if:

- There is an emergency.

- The landlord has given written notice of entry and the entry is during daylight hours.

- A notice to quit has been given by the landlord or the tenant and entry is made during daylight hours to show the premises to prospective tenants or purchasers.

What is considered to be daylight hours?

They are from 9:00 in the morning to 9:00 at night.

What should be in a notice of entry?

The time, date of the entry and the signature of the landlord or representative.

Can the premises be entered by a real estate agent for the purpose of selling or renting the premises?

Yes. The rental agent may be required to provide proof of authorization from the owner. The rental agent is to enter only during daylights hours and if no notice to quit has been given, twenty-four-hours notice has to be given to the tenant.

Can the landlord have an "Open House" while the tenant is in occupancy?

Only with the consent of the tenant.

Can the landlord stop a tenant from entering the rented premises?

No, the landlord cannot stop a tenant from entering the rented unit.

Can a tenant stop a landlord from entering the rented premises?

No, not if the proper notice of entry is given or if a notice to quit was given by the landlord or tenant.