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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 to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 154/2015


 

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;

 

                (b)    “Act” means the Residential Tenancies Act;

Clause 1(1)(b) added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (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;

Clause 1(1)(c) added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (d)    “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; relettered (d): O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (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;

Clause 1(1)(b) relettered (e): O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (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.

Clause 1(1)(c) relettered (f): O.I.C. 2012-303, N.S. Reg. 178/2012.

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.


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.

Section 2 repealed: O.I.C. 97-629, N.S. Reg. 132/97; added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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 personal service, registered mail or substituted service authorized by the Director under subsection 25(3) of these regulations.

 

       (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.

Section 3 repealed: O.I.C. 97-629, N.S. Reg. 132/97; added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 4 repealed: O.I.C. 97-629, N.S. Reg. 132/97; added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 4A added: O.I.C. 2012-303, N.S. Reg. 178/2012.


Landlord’s notice to quit for breach of statutory condition under subsections 10(7B) and (7C) of Act

4B   A notice to quit for breach of a statutory condition 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.

Section 4B added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 4C added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 4D added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 4E added: O.I.C. 2012-303, N.S. Reg. 178/2012.


Proof of service of [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 sworn affidavit 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.

Section 4F added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 4G added: O.I.C. 2012-303, N.S. Reg. 178/2012.


Notice to quit by personal representative under Section 10E of Act

4H  A notice to quit given by the tenant’s personal representative under Section 10E of the Act must be in Form I: Notice to Quit–Early Termination of Tenancy by Personal Representative.

Section 4H added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 4I added: O.I.C. 2013-331, N.S. Reg. 304/2013.


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.

Original Section 4I added: O.I.C. 2012-303, N.S. Reg. 178/2012; renumbered 4J: O.I.C. 2013-331, N.S. Reg. 304/2013.


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;

Clause 5(d) added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

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.


Inventory of abandoned personal property

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; amended: O.I.C. 2012-303, N.S. Reg. 178/2012.


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 manufactured 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.

Subsection 24(2) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

       (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 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 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 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.

Section 24A added: O.I.C. 2005-215, N.S. Reg. 115/2005; amended: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.


Application to Director under subsection 13(1) of Act

24CAn application to the Director under subsection 13(1) of the Act, other than an application referred to in Section 24D of these regulations, must be in Form J: Application to Director.

Section 24C added: O.I.C. 2012-303, N.S. Reg. 178/2012.


Application to Director respecting rental arrears under subsections 10(6D) and (6E) and Section 13 of Act

24DAn 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.

Section 24D added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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 L: Affidavit of Service.

Subsection 25(4) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

Subsection 25(5) repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.

Section 25 added: O.I.C. 97-629, N.S. Reg. 132/97.


Notice of rent increase for manufactured home space

25AA 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.

Section 25A added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 25B added: O.I.C. 2012-303, N.S. Reg. 178/2012.


When rent increase lower than annual allowable rent increase amount

25CA 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.

Section 25C added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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 personal service, registered mail or substituted service authorized by the Director under subsection 25(3) of these regulations, and the landlord shall return a copy of the sworn affidavit 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.

Section 25D added: O.I.C. 2012-303, N.S. Reg. 178/2012.


Guidelines for Review of Application for Rent Increase Greater than

Annual Allowable Rent Increase Amount for Land-lease Communities

Centred heading before Section 26 replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.


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;

Clause 26(1)(a) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (b)    operating expenses — include the regular expenses necessary to operate the land-lease community;

Clause 26(1)(b) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

Clause 26(1)(c) repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.

Subsection 26(1) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

       (2)    In determining amounts for purposes of clause (1)(b) the Director shall also consider Sections 27 to 32.

Subsection 26(2) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

Section 26 added: O.I.C. 97-629, N.S. Reg. 132/97.


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).

Section 27 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Section 28 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2005-215, N.S. Reg. 115/2005; O.I.C. 2012-303, N.S. Reg. 178/2012.


Unused portion of annual allowable rent increase amount for previous calendar year

28AThe 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.

Section 28A added: O.I.C. 2012-303, N.S. Reg. 178/2012.


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;

Clause 29(a) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (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;

Clause 29(d) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (e)    any debt servicing expense incurred for any other purpose than completing capital cost items in the land-lease community;

Clause 29(e) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

                (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; amended: O.I.C. 2012-303, N.S. Reg. 178/2012.


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.

Subsection 30(2) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.

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 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.

Section 32 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.


Fees

Centred heading after Section 32 added: O.I.C. 2012-303, N.S. Reg. 178/2012.


Fee for application to Director

33   The fee for an application to the Director is $31.15.

Section 33 added: O.I.C. 97-629, N.S. Reg. 132/97; heading amended: O.I.C. 2012-303, N.S. Reg. 178/2012; amended: O.I.C. 2015-96, N.S. Reg. 154/2015.


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.

Section 34 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.


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

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 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

Notice to quit by personal representative under Section 10E of Act

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 subsection 25(4) of 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

Section 35 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012; amended O.I.C. 2013-331, N.S. Reg. 304/2013.

Section 36 added: O.I.C. 97-629, N.S. Reg. 132/97; repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.

Section 37 repealed: O.I.C. 2003-32, N.S. Reg. 20/2003.

Section 38 added: O.I.C. 97-629, N.S. Reg. 132/97; repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.

Quotation marks removed from “Form “A”” and “Form “B””: O.I.C. 2012-303, N.S. Reg. 178/2012.

[Note: The references to the Service Nova Scotia and Municipal Relations above and in the forms below have been updated in accordance with Order in Council 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2014.]


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


Schedule A added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2012-303, N.S. Reg. 178/2012.


 ________________________________________________________________ 

Form A

Inventory of Tenant’s Abandoned Personal Property


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 manufactured 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 Office of Service 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; O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

Form B

Accounting of Sale of Abandoned Personal Property



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 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

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)


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 C added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2003-32, N.S. Reg. 20/2003; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

Form D

Landlord’s Notice to Quit for Rental Arrears

(under subsection 10(6) of the Residential Tenancies Act)

 

To:      Tenant’s name(s):                   __________________________________________


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 see important information on page 2 of this form.





Important Information for Tenants


Within 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 within 15 days 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)


Landlord: keep a copy of this notice for your records.


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; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

Form E

Landlord’s Notice to Quit—Breach of Statutory Condition

(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:

 

          Subletting premises without consent of the landlord (statutory condition 5 of subsection 9(1) of the Act). The unapproved subtenant must also vacate the premises.

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:


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.)


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 E added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2003-32, N.S. Reg. 20/2003; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 



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 F added: O.I.C. 97-629, N.S. Reg. 132/97; repealed: O.I.C. 2003-32, N.S. Reg. 20/2003; added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

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:                                                                                               


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 sworn Affidavit 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




Affidavit of Service

 

Re:      Tenant’s Notice to Quit–Early Termination of Tenancy

 


I, ______________________ (name), of ____________________________ (civic 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 the attached Tenant’s Notice to Quit–Early Termination of Tenancy: (check applicable box)

 

          by personal service at ______________________ (place of service) at _________ am/pm.


or

 

          by registered mail to ____________________________________________ (address), and the receipt is attached.



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.

 

      Attach the receipt if you serve the document by registered mail.

 

      Sign in the presence of a lawyer or commissioner of oaths.

(Many Service Nova Scotia staff are Commissioners.)


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; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.



 ________________________________________________________________ 

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:

 

Tenant telephone:

 

 

Address of residential premises:

 

Landlord name: 

 

Landlord telephone:

 

 



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:

 

 

Physician’s signature:

 

 

 

 

Physician’s name:

 

 

 

 

 

(print)



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 H added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2005-215, N.S. Reg. 115/2005; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.


 ________________________________________________________________ 

Form I

Notice to Quit—Early Termination of Tenancy by Personal Representative

(under Section 10E of the Residential Tenancies Act)


 

To: Landlord’s name:                                                                                                              


Address of residential premises:                                                                                               



I am the personal representative of _________________________________ (name of former tenant), now deceased.


I am giving one month’s notice to terminate the tenancy on _______________________ (date: month/day/year) under Section 10E of the Residential Tenancies Act.


Security deposit return: (check one)

      I will make arrangements at a future time for the return of the security deposit.

 

      Please return any security deposit to the estate at the forwarding address below:


(street number, street name, apt. number)

(city/town)

(province)

(postal code)

 


Date:

 

 

Representative’s signature:

 

 

 

 

Representative’s name:

 

 

 

 

 

(print)




Tenant’s representative: Keep a copy of this form for your records.


Form I added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

Form J


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 the hearing to be held at __________________________ in ________________________, Nova Scotia on ________________, the _______ day of __________________, _________, at _________ am / pm.


You 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)

 

 

name (first name, initial, last name or company name)

Landlord

Tenant

 

 

 

( )

street number, street name, apt. number

 

home phone

 

 

 

( )

 

city/town, postal code

business/other phone

 

 

 

 

 

mailing address (if different)

e-mail address

Against:

(Respondent)

 

 

name (first name, initial, last name or company name)

 □ Landlord

 □ Tenant

 

 

 

( )

street number, street name, apt. number

home phone

 

 

 

( )

city/town, postal code

business/other phone

 

 

 

 

 

mailing address (if different)

e-mail address

Regarding:

 

 

civic address of rental unit (street number, street name, apt. number, city/town, postal code)

 

 

Information about the Lease

 

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: ______________

 

 

Details of Application

 

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:

[ ]   Termination of tenancy

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

 

[ ]   Return of security deposit

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

 

[ ]   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:

[ ]   Termination of tenancy and vacant possession

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

 

[ ]   Payment of money

□ unpaid rent

□ damages to property

                 □ other 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

 

[ ]   Retention of security deposit 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

 

[ ]   Compliance with a lease or the Act

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

 

[ ] Other: 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

 

 

 

 

 

Applicant’s signature

 

Date

 

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.

              You should bring all information about the dispute to the hearing, for example, letters, receipts and photos (3 copies).

              You may bring witnesses if you wish. Witnesses should have first-hand knowledge of the situation.

              If you wish to show electronic evidence, you must bring the equipment needed to display it at the 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 J added: O.I.C. 2012-303, N.S. Reg. 178/2012; amended: O.I.C. 2013-331, N.S. Reg. 304/2013.

 

 ________________________________________________________________ 

Form K

 

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.

 

Filed By: (Applicant—Landlord)

 

name (first name, initial, last name or company name)

 

 

( )

street number, street name, apt. number

home phone

 

 

( )

city/town, postal code

business/other phone

 

 

 

mailing address (if different)

e-mail address

Against: (Respondent—Tenant)

 

name (first name, initial, last name)

 

 

( )

street number, street name, apt. number

home phone

 

 

( )

city/town, postal code

business/other phone

 

 

 

mailing address (if different)

e-mail address

Regarding:

 

 

civic address of rental unit (street number, street name, apt. number, city/town, postal code)

 

 

Details of Application

 

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

□ Registered mail

 

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:

$

 

Date paid:

 

 

 

 

Applicant’s signature

 

Date

 

 

Affidavit in Support of Application

 

 

I, ____________________________ (name) of _____________________________________ (civic address), Nova Scotia, make oath and say as follows:

 

 

1.    That on ______________ (day of the week), the _____ day of ______________, 20____, I served the Tenant, __________________________ (name of the person served), with a Notice to Quit for Rental Arrears in Form D by: (check applicable box)

 

              personal service at ___________________________ (place of service) at _________ am/pm.

 

OR

 

              registered mail to _________________________________________ (address), and the receipt showing proof of delivery and signature confirmation is attached.

 

2.    That I request an order for the Tenant to vacate the residential premises at: __________

______________________________________________________________________ .

(address of rental unit)

 

3.    That the total rent owing for the month in which the Notice to Quit for Rental Arrears was given is: $____________.

 

4.    That the total rent that is in arrears for months previous to that month is: $__________.

 

5.    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.

 

6.    That (check one):

 

              the Tenant has not vacated the premises

 

OR

 

              the Tenant has vacated the premises as of _______________________ (date).

 

7.    That I have attached a true copy of the Notice to Quit for Rental Arrears served on the Tenant.

 

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:

 

 

      Attach the receipt if you served the Notice to Quit for Rental Arrears by registered mail.

 

      Attach a true copy of the Notice to Quit for Rental Arrears served on the tenant.

 

      Sign in the presence of a lawyer or commissioner of oaths.

(Many Service Nova Scotia staff are Commissioners.)

 

Form K added: O.I.C. 2012-303, N.S. Reg. 178/2012; amended: O.I.C. 2013-331, N.S. Reg. 304/2013.

 

 ________________________________________________________________ 

Form L

(under subsection 25(4) of the Residential Tenancies Regulations)

 

Office of Service Nova Scotia                                                                              File Number:

 

Affidavit of Service

 

Please print

Re:

Hearing date:

 

 

Time:

 

 

Place:

 

 

 

 

 

I, (name), of (civic 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: (check applicable box(es))

 

      Application to Director;

      Notice of Hearing;

      Other: (specify)

 

by: (check applicable box)

 

      personal service at (place of service) at am/pm (circle one).

 

or

 

      registered mail to (address), and the receipt showing proof of delivery and signature confirmation is attached.

 

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.)

 

      This affidavit must be received by the Office of Service Nova Scotia office before investigation and mediation will begin.

 

Form L added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

Form M

Notice of Rent Increase for Manufactured Home Space

(under Section 11A of the Residential Tenancies Act)

 

Landlord: Please Note

This notice must be personally served or sent by registered mail

to tenants receiving a rent increase.

 

 

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:

 

 

Date:

 

 

Signature:

 

 

Form M added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

Form N

 

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 landlord must return a copy of the sworn affidavit 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

 

 

( )

city/town, postal code

 

business/other phone

 

 

 

mailing address (if different)

 

e-mail address

Against: (Respondent— Tenant)

Tenant(s) name(s) and civic address of manufactured home space(s)

(street number, street name, city/town, postal code)

 

 

 

(Attach an additional sheet if necessary.)

 

 

Details of Application

 

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.

 

 

 

 

 

Applicant’s signature

 

Date

 

 

Tenants: Please see important information on page 3 of this form.

 

Tenants: Please Note

Important Information

 

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

Street Number and Street Name of Manufactured Home Space

City/Town and Postal Code

Current Rent:

Dollar Amount

Proposed Rent: Dollar Amount (Effective date: (dd/mm/yy))

Proposed Rent Increase: Percentage Amount

Proposed Rent Increase:

Dollar Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Affidavit of Service

 

Please print

 

I, ____________________________ (name) of _____________________________________ (civic address), Nova Scotia, make oath and say that between _______________________ (date) and _________________________ (date), 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)

 

 

 

 

 

 

by: (check applicable box)

 

              personal service

 

OR

 

              registered mail, and the receipts showing proof of delivery and signature confirmation are attached.

 

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:

 

 

      Attach the receipts if service was by registered mail.

 

      Sign in the presence of a lawyer or commissioner of oaths.

(Many Service Nova Scotia staff are Commissioners.)

 

Form N added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

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)

 

 

Land-lease community name

 

Land-lease community address

 

Landlord information:

 

name (first name, initial, last name or company name)

 

 

( )

street number, street name

 

home phone

 

 

( )

city/town, postal code

 

business/other phone

 

 

 

mailing address (if different)

 

e-mail address

 

 

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.

 

___________________________    ___________________________

Signature of landlord                        Date

 

Services Provided

 

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

[ ] community security

[ ] street lighting

[ ] additional storage area

 

[ ] park superintendent

[ ] other: _______________________

 

 

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:

 

 

Year 1: 20___

Year 2: 20___

General administration and insurance expenses:

 

 

management fee

 

 

staff wages

 

 

office supplies and equipment

 

 

office utilities

 

 

other fees directly related to business operations

 

 

property and liability insurance

 

 

 

 

 

Utilities:

 

 

water and sewer

 

 

electricity

 

 

oil

 

 

natural gas

 

 

 

 

 

Grounds and maintenance services expenses:

 

 

road maintenance

 

 

common area and playground maintenance

 

 

water and sewer testing and maintenance

 

 

electrical maintenance

 

 

landscaping

 

 

snow removal

 

 

garbage removal

 

 

 

 

 

Miscellaneous maintenance and services expenses:

 

 

general equipment and vehicle maintenance

 

 

pest control

 

 

security

 

 

 

 

 

Property taxes

 

 

 

 

 

Other operating expenses:

(specify and attach receipts)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

Capital Costs

This section to be completed for work completed before
the effective date of the notice of rent increase

 

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

 

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

Proposed Rent

(effective date:

(dd/mm/yy))

Proposed Rent Increase:

Percentage Amount

Proposed Rent Increase: Dollar Amount

Current Rent:

Dollar Amount

(effective date:

(dd/mm/yy))

Year 1 Rent:

Dollar Amount

(effective date:

(dd/mm/yy))

Year 2 Rent:

Dollar Amount

(effective date:

(dd/mm/yy))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form O added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 

 ________________________________________________________________ 

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




 

name (first name, initial, last name or company name)

civic address (required)

P.O. box (if applicable)

city

postal code

phone (bus.)

phone (res.)

-and-

Tenant(s)

 

name(s)

 

name(s)

 

name(s)

 

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) ____________________________________

 

Postal code

Tenant’s phone # ____________ (work) ____________ (home)

 

Emergency contact

4. Next of kin

______________________________________________________________

emergency contact                                    phone # (work)                                          (home)

______________________________________________________________

address

 

Property manager or agent
5. The current agent or property manager for the landlord is

 

name

civic address / phone # (work) / (home)


 

6. The current superintendent for the building is

 

name

civic address

phone # / emergency phone #

 

Who to serve
7. 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 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

[__] pre-authorized automatic withdrawal

[__] post-dated cheques

[__] cheque

[__] other _________________

(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 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 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

Utilities

Other (specify)

[__] stove

[__] washer & dryer (coin operated) 

[__] lawn care

[__] fridge

[__] cable service 

[__] snow removal

[__] washer & dryer

[__] heat

[__] garbage removal

[__] dishwasher

[__] water

[__] _________________

[__] furniture

[__] hot water

[__] _________________

 

[__] 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

[__] assignment/sublet expenses incurred
(not to exceed $75)

 

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 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.

[__] 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 ____.

 

Rental arrears

18. In a fixed-term, year-to-year or month-to-month tenancy, where a tenant is in arrears in paying the rent for 15 days or more, the landlord may give 15 days’ written notice to quit the premises. Within 15 days after receiving the notice to quit, the tenant may:

 

      (a)       pay to the landlord the rent that is in arrears, and upon 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 within 15 days 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 a tenant is in arrears in paying the rent for 7 days or more, the landlord may give the tenant 7 days’ written notice to quit the premises.

 

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

Notice Period

[ ] year-to-year

at least 3 full months before the end of any year (a year for this purpose begins on the anniversary date)

[ ] month-to-month

at least 1 full month before the end of any month

[ ] week-to-week

at least 1 full week before the end of any week

[ ] manufactured home space

at least 1 full month before the end of the tenancy

 

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 and assigns.

 

22. Any or all tenants signing this lease take full responsibility for all of its terms and conditions.

 

Attachments: (initials required)

1

______

At least 1 tenant has received a copy of the Act and regulations 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.

2

______

______

______

All tenants have received a copy of the signed lease within 10 days of the date of the signing of the lease.

3

______

______

______

All tenants have read, signed and received the rules and attachments to this lease.

 

 

                                        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 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.

 

 

 

 

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

 

 

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.     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.

(Note: Pursuant to subsection 6(4) of the Residential Tenancies Act, tenants under a public 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 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.

 

       (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 P added: O.I.C. 2012-303, N.S. Reg. 178/2012.

 ________________________________________________________________ 

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 Q added: O.I.C. 2013-331, N.S. Reg. 304/2013.