What Nova Scotia's residential tenancy changes mean for you

A number of changes to Nova Scotia's Residential Tenancies Act that had been in the works for more than a year came into effect late last week.

The industry group that represents landlords in the province says the changes don't go far enough. But an organization that works with tenants is concerned they will speed up evictions in a time of low vacancy rates and high rents.

The Department of Service Nova Scotia and Internal Services, which is in charge of residential tenancies, said the changes are a result of consultations with groups representing both tenants and landlords.

Here are some of the more significant changes, shared by the department:

• A landlord can now increase rent any time, not just on the anniversary of a tenant signing a lease. The landlord must give the tenant at least four months' notice and must only increase rent once a year. The increase must still fall under the rent cap.
• A new form allows tenants to end their lease early if their landlord notifies them of a rent increase before the tenancy anniversary.
• A landlord can no longer charge tenants different amounts for different types of leases, like a year-to-year lease versus a fixed-term lease.
• A landlord can end a tenant's lease if the tenant sublets their unit without their landlord's permission.
• A landlord must give a tenant 24 hours' notice before entering the tenant's unit, even if the tenant has given their notice to end the lease. Prior to this change, if the tenant gave notice to end the lease, the landlord could enter the unit without giving 24 hours' notice.
• A landlord will no longer have to restart the eviction process if they serve a tenant with an eviction notice for failing to pay their rent, and it's found through a hearing that the tenant was in arrears and for no valid reason.

Concerned about evictions

Joanne Hussey, a community legal worker with Dalhousie Legal Aid Service, said she's concerned some of the changes could lead to more evictions. 

Some renters may not know they need to ask their landlord's permission to sublet, she said.

"I think that it's a pretty easy mistake to make if you're a first-time renter or if you're new to the process, and I don't think it should be grounds for evictions," Hussey said. "I also think that at this point in time, more reasons to evict people are not what people are looking for from legislative changes."

Hussey mentioned the extremely low vacancy rate, and said evictions in the winter could be "dire."

"I know that landlords have complained about how difficult it is to evict, but I think there's a reason for that," she said. "It's a pretty serious consequence for people, especially right now in February in Nova Scotia. We need to be seeing ways that we can keep people housed, not making it easier to put people outside."

According to the Canada Mortgage and Housing Corporation's most recent rental market report, the vacancy rate for units that are affordable for low-income households is between 0.6 per cent and 0.8 per cent in Halifax.

Hussey said she would like to see more significant changes to address things like rent control, enforcement within residential tenancies, and the "fixed-term lease loophole."

Landlords want more changes

Kevin Russell, executive director of the Investment Property Owners Association of Nova Scotia, applauded the change concerning evictions for subletting without permission, saying that will help address a growing problem.

"To resolve the issue would take a rental housing provider up to six months or longer dealing with the residential tenancy process," Russell said. "So we think this makes sense and ... it protects the landlord from these illegal sublets."

He described the other changes as "very minor" and said he hopes to see more implemented soon.

A big question on the minds of Nova Scotians is what will happen when the province's temporary rent cap expires next December. 

Colton LeBlanc, the minister of Service Nova Scotia and Internal Services, told reporters after the cabinet meeting last week that his ministry is working on different options. But he wouldn't share any specifics. 

"Discussions are underway on next steps of the rent cap, and we'll have more to say in the future," LeBlanc said. "All options are on the table right now."

Michelle Waye, the director responsible for residential tenancies with the Department of Service Nova Scotia and Internal Services, said though last week's changes may seem minor compared to some residential tenancy issues, they're "still very important to the efficiency of the program."

She said more changes are expected later this year.