August 16, 2000 - There's probably no other issue that touches the lives of Nova Scotians more than residential tenancies. At one time or another, most of us will have lived in a rental unit. As tenants in a province where occupancy rates are at an all-time high, it's important to understand our rights and responsibilities under the Residential Tenancies Act. The following guide to the Residential Tenancies Act will help make the most out of your time as a tenant.

Before you move in...
Make sure you understand the terms of your lease before you sign. The term will affect the notice period you are required to give when you wish to end the lease. If it is a year-to-year lease, your lease runs for twelve months, and will automatically renew for another year if you do not give your landlord three months written notice prior to the anniversary date of your lease. For example, if you sign a lease in June to take effect Sept. 1st, the anniversary date is Sept. 1st the following year. If you're a student, and you plan to leave for the summer, you may wish to look for a month-to-month lease so you won't have to worry about subletting your apartment.

• Ask and make sure you understand what is included in the monthly rent. This can make a big difference in what you pay each month. For example, does your rent include things like hot water, heat, parking, and electricity? The lease will outline what is included in your rent.
   
• Ask about the rules and regulations of the building. Are pets allowed? Is there a restriction in the number of occupants per unit? This could make a big difference if you're planning to share.

Inspect the premises
Examine your apartment very carefully. This is best done under good lighting conditions. Walk through with the landlord and list the items in need of correction or repair. You can obtain a checklist from the Department of Business and Consumer Services, or simply devise one of your own. A camera or video camera can also be helpful when doing the initial and final inspections. Make sure you note in writing anything that is damaged, or in need of repair. Both you and the landlord should sign and date the original. If the landlord gives you a commitment to repair, paint or otherwise improve the unit, request it in writing including the date on which the repairs will be completed. Make sure you both keep a signed copy of the inspection checklist, or report.

Your security deposit
A security deposit on the apartment may be required, but cannot exceed one half of one month's rent. When you provide the landlord with the deposit, make sure you get a receipt. If you leave the unit clean and in a state of good repair, your security deposit should be returned with interest. 

• Remember to check the lease as it may stipulate tenant requirements, such as carpet cleaning or booking an elevator, before moving out.
   
• Remember too, that you are responsible for insuring your personal belongings.

Obligations of the landlord
The landlord must provide you with a copy of the Residential Tenancies Act at no cost, either at the time you sign the lease or within 10 days of the date you sign the lease. The landlord must also supply the name, address and phone number of the person to contact in the event of an emergency, and who is responsible for the premises. In some cases, this may be the landlord, or a superintendent.

If you encounter any problems during the tenancy, you should always discuss it with your landlord first. If the situation cannot be resolved, you can contact Residential Tenancies staff at the Department of Business and Consumer Services for information and advice.

When moving out
When getting ready to end a lease, you must provide a "notice to quit" in writing to the landlord. This is a letter from you notifying the landlord that you do not intend to renew the lease. It must be delivered personally or by registered mail. If you have a written lease, check the required period of notice. If you have a yearly lease, you must provide at least three full months' notice, prior to the anniversary date of the lease. Otherwise, your lease automatically renews for another twelve months.

For a month-to-month lease, you must give at least one full month's notice in writing to the landlord. If your lease is weekly, you must give at least one full week's written notice. If you do not have a written lease, one of the preceding periods of notice may apply. Traditionally the "notice to quit" period is on a calendar basis, i.e. a full calendar month, a full calendar week etc. It's important to note that the "notice to quit" must be given before the rent is due. For example, if rent is due on the fist of every month, the "notice to quit" must be given a minimum of one day before the first of the month. Form 1 of the Residential Tenancies Act provides guidance on what you must say in the "notice to quit". It is a good idea to keep a copy for your files.

• Remember, the landlord is entitled to show the unit to perspective tenants at a reasonable hour without notice to you once the "notice to quit" has been given; however, if you ask, many landlords will give you notice when possible.

Inspect the premises
On moving day, you should ask the landlord or his/her representative to inspect the unit before you fully vacate. If you had a written inspection report or checklist upon moving in, review it carefully with the landlord or representative, noting any conditions that were to be filled by certain dates (ie: upgrades, etc). If not, make written notes of the condition of the premises, with a signed copy for you and the landlord. Remember the camera or video camera! This is especially important if the landlord is not available to do the inspection.

• You are responsible for leaving the unit and the appliances clean and tidy, and to repair any damage that may have occurred during your tenancy.
    
• All keys must be returned to the landlord or representative at the end of the tenancy.

Your Security Deposit
The security deposit and the applicable interest should be returned to you within 10 days of the end of your tenancy, providing there are no damages to cover as a result of your tenancy. Landlords can apply the security deposit and interest to outstanding rent, but must have written consent from the tenant. If the landlord does not have written consent, he/she must file an application with the Department of Business and Consumer Services through an Access Nova Scotia centre, within 10 days of the end of tenancy. The landlord is responsible for sending a copy of the claim to the tenant. If the landlord does not have a forwarding address, then a copy could be sent to the next of kin listed on the lease.

If the landlord fails to file an application to retain the security deposit, or the tenant feels the landlord's claim is unjustified, the tenant can file a complaint through an Access Nova Scotia Centre. Residential Tenancies staff are in place to provide assistance to landlords and tenants. 

For More Information

If you have a question about landlord/tenant relationships, contact the nearest Access Nova Scotia centre, call 424-5200, toll free 1-800-670-4357.

NOTE TO EDITORS: This release is part of a feature series titled Consumer Savvy; it is produced by Service Nova Scotia and Municipal Relations.  The Consumer Savvy logo is available for use by print media by calling Robyn McIsaac at 902-424-2933. 

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Check out our Residential Tenancies site for more information.

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Access Nova Scotia Centre.