In November, the Nova Scotia government implemented a number of changes to the Residential Tenancies Act. Students are particularly impacted by these changes, as they tend to not only be renters, but are also renting from some of the lowest-cost options around. The question for students is whether the changes ultimately give more rights to them, or to their landlords.
Many tenants are unaware of this fact, but in Nova Scotia landlords could choose to not renew your lease for any reason at all, unless you had been in the apartment for five years or more. This five-year period is referred to as tenure, and in the changes to the act, renters immediately gain tenure upon signing a lease.
In this case, the tenant wins. There is a caveat, though: Nova Scotia does not have rent control laws, so your landlord is free to increase your rent every time your lease is due to be renewed. If you don’t like the price increase, you’ll probably be moving out. That makes the tenure issue a draw.
Tenants on fixed-term leases (a lease that isn’t week-week, month-month, or year-year) can now break the lease at any time due to health reasons. While overall this won’t impact students as much as it will help the elderly, it’s still handy if an unfortunate situation occurs in your life. A university residence is an example of a fixed-term lease. The tenant is the clear winner here.
Another change in the Act allows landlords to evict a tenant once rent is 15 days past due. This is a drop from 30 days, though it shouldn’t be an issue unless you find yourself with very low cash flow. In this case, the advantage goes to the landlord.
Amongst the smaller changes in the act, a landlord is now required to provide a copy of the Act within ten days of moving in. There was no set timeline in the old version.
While the tenancy issue is good for some students, it could be problematic for others. The Chronicle Herald cited Jeremy Jackson, a vice president at Killam Properties Ltd., as saying that tenants who are by the book (according to the Act) but cause disturbances for others could only be forced out through a lengthy hearing process. This means that the partiers in the apartment next to you are relatively safe from eviction, whether you like it or not, so be sure to call the noise complaints in early and often.
On the whole, the changes seem to favour tenants, but the landlords still retain huge powers with the ability to institute an unlimited increase in rent each year. The bottom line for apartment hunters is to continue to do your diligence, and find a landlord who seems friendly, provides good references (you’re asking for them, right?), and maintains the property in good condition. Even if you gain tenure, a poor landlord can make for a miserable year.
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