HOUSING

Retrieved from StudentsNS Student Housing Week

FINDING HOUSING

When Should I Begin Looking for an Apartment?

In many student communities, lease signing may take place months in advance. If you have decided to seek new accommodations for the upcoming year, begin looking for a unit as soon as possible.

Where Should I Look for an Apartment?

  • Buy-and-Sell sites (Kijiji, Marketplace) are a good place to start.

  • Places4 Students is a website that connects prospective student tenants with landlords in their area.

  • You may also be able to reach out directly to real estate offices or companies in your local area to inquire if they have any availabilities!

What Factors Should I Consider?

  • What is your price range? What utilities/amenities are you looking for?

  • How close do you want to be to campus/grocery stores?

  • Do you have a car? Is there parking? If you don't have a car, is there a transit route nearby?

  • Are you looking to live by yourself or with roommates?

Application Process

  • If possible, tour the unit in person - or via video call - to inspect the premises before deciding to apply.

  • When touring in-person, bring a friend along with you!

  • It is illegal in Nova Scotia for a landlord to charge you an application fee - or any other charge in order for your application to be considered.

  • A landlord can ask tenants to complete an application form, including standard information (name, contact info, employment info, references).

  • Landlords can conduct credit and background checks on prospective tenants but are not allowed to force tenants to provide their Social Insurance Number.

  • The Nova Scotia Human Rights Act prohibits landlords from discriminating against people based on a protected characteristic (including age, race, colour, family status, and gender). For more information, see the Nova Scotia Human Rights Commission website.

LEASES 101

My Application Has Been Approved ... Now What?

Before entering into a tenant-landlord agreement, you must sign a lease - a legally binding rental contract that assigns rights & and responsibilities to landlords & tenants.

It is critical you review the lease and rules thoroughly before signing and make note of any concerns. Never sign anything that you have not read.

The lease provided to you must be consistent with the "Standard Form of Lease" in order to be valid. It must include:

  • Name and contact information of both parties

  • Dollar value of rent and security deposit, if applicable

  • What is and - is not included in your rent (i.e., electricity, parking). If a utility is not included, it is expected you will pay for it separately. Always check if heat is included with electricity!

  • Information regarding lease type and termination (does it automatically renew, or will it expire on a fixed date?)

  • Rental increases - how much can rent be increased, and when?

Landlord Rules

  • In addition the standard lease, landlords can add additional rules provided they are reasonable and do not violate the Tenancies Act (i.e. no smoking, no pets).

  • All rules must be in writing, and must accompany the lease, in order to be legally binding.

  • If you do not agree with a rule, ask to have it amended before signing the lease. If changes to rules are made after the lease is signed, have this amendment documented in writing by the landlord.

Before Moving In

  • For unit tours, landlords may show a "sample" unit instead of the actual unit you will be living in. Ask if you can see the specific apartment you will be living in - never sign a lease for a unit that you have not seen.

  • Both you and your landlord should have copies of the signed lease. The landlord must provide you with a lease copy - as well as the Residential Tenancies Act.

  • On the day you move in, go through the unit with the landlord for a pre-move-in inspection. You can use a Rental Unit Condition Form to document any pre-existing damage, and both you and your landlord should sign it.

MONEY MATTERS

Deposits and Fees

  • Although not legally required, many landlords will request a security/damage deposit from new tenants.

  • The security deposit cannot be more than one half of your first month's rent. It is also not your last months' rent - it is illegal for a landlord to request last months' rent upfront.

  • If a security deposit has been given, the lease should highlight the amount of it, as well as the date and name of the bank where the deposit is being kept.

  • Beyond the security deposit, the landlord cannot request any additional deposits or fees.

Returning Security Deposit

  • Your landlord is legally required to return your security deposit within 10 business days, unless there are damages to the unit or rental payments outstanding.

  • It is expected that the unit will be returned in a state of "ordinary cleanliness"; deposits cannot be kept for "normal wear and tear".

  • If your landlord wants to keep your deposit and you do not consent, they must apply to Residential Tenancies within 10 business days of your lease ending. If they do not do so, they are expected to return your security deposit.

Rental Increases

Until December 31, 2023 rental increases in Nova Scotia are capped at 2% annually. Landlords cannot increase rent by more than 2% for pre-existing tenants, or for those with a fixed term lease signing a new fixed term lease for the same unit.

This rental cap does not apply to tenants signing a new lease, except for tenants on a fixed term lease signing a new fixed term lease for the same rental unit.

Landlords can only increase rent once in a 12 month period, and your rent cannot be increased in the 12 months after your lease begins. Rental increase notices must be given in writing:

  • 4 months before anniversary date (for yearly/monthly lease)

  • Whatever is specified in your lease (for fixed-term leases)

If your landlord withdraws a service originally included in the lease (i.e. parking) or increases the cost of a service, this is also considered an increase and must not exceed the 2% cap.

If your landlord increases rent beyond the cap, increases rent more than once a year, withdraws a service, or does not give proper notice, you should file a complaint with Residential Tenancies (Form J).

TENANCY RIGHTS AND HOUSING SELF-ADVOCACY

Many tenancy rights violations do not evoke automatic landlord penalties - which highlights the importance of understanding the avenues to bring forth tenancy concerns & complaints.

The Residential Tenancies Act (RTA) includes the laws and regulations that govern housing in the province. Though it applies to apartments and public housing, it does not cover university or college residences.

Some common violations of the Act include:

  • Failure to return the security deposit within 10 business days of the lease ending without just cause ring a unit in a non-emergency situation without providing 24 hours advance notice or prior permission

  • Failing to provide tenant with a copy of the lease and the Residential Tenancies Act

  • Failure to keep the unit in a decent state of repair/in accordance with health, safety and housing laws

  • Increasing rent more than once a year, or by more than 2%

  • Withdrawing a service without providing a corresponding rental decrease

  • Ending your lease prematurely without legal cause to do so

To determine whether a violation has occurred, thoroughly review your lease, landlord rules and the Tenancies Act.

  • If you believe the situation warrants a complaint, put this in writing and deliver it to your landlord. If you do not hear a response, follow up by phone or in-person.

  • If the situation cannot be resolved, the tenant can apply to Residential Tenancies for Mediation and/or a Hearing via Application Form J. A fee is required for this submission.

  • Following your application, you must serve your landlord a copy of the application, the notice of hearing and a hearing information sheet.

  • During the hearing process, a tenancy officer acts as a neutral third party in overseeing discussion but will not take a side or make a ruling. Mediation takes place prior to a hearing.

  • If an agreement is not reached, the two parties will proceed to a hearing before a Residential Tenancies Director. Any and all evidence should be submitted at least 5 days prior to the hearing, which will take place over the phone.

  • A decision will be communicated to both parties within 14 days. Both parties will have a further 10 days to appeal.

CHANGING AND ENDING YOUR LEASE

There are three primary types of leases in Nova Scotia: fixed, monthly and yearly.

  • FIXED-TERM LEASE: Fixed term leases are for a set duration of time (i.e. 8 months, 2 years), and will not automatically renew following their end date. This means there is no obligation to remain in the unit following the end date, but also that your landlord has no obligation to offer you a new fixed term lease following its conclusion. Fixed term leases do not have a notice period.

  • MONTH-TO-MONTH LEASE: Your lease is automatically renewed on a month-to-month basis, unless you give your landlord notice that you will not be renewing your lease.

  • YEARLY LEASES: Your lease is automatically renewed on an annual basis, unless you give your landlord notice that you will not be renewing your lease.

Ending Your Lease

In the case of a yearly lease, Notice to Quit must be given at least 3 months before the end of the yearlong term.

In the case of a monthly lease, Notice to Quit must be given a full month before you wish to move out (by one day before the beginning of the last month you wish to live there).

Converting from Yearly to Monthly Lease

Notice to Quit should be submitted at least 3 months in advance, along with a request to change to a month-to-month lease. Regardless of when notice is given, the lease will only change to month-to-month on the anniversary date of it being signed.

Renewing a Fixed-Term Lease

As notice is not required for a fixed-term agreement, your lease will automatically end on the date specified. If you would like to remain in the unit, you must make a request to your landlord, which they can choose to accept or deny.

If your fixed term lease ends without a new lease being signed and your landlord does not ask you to leave your lease will automatically be renewed on a month-to-month basis.

Renovictions

As of March 21, landlords can end a tenants' lease early to renovate the unit (also known as renoviction). The landlord must give at least 3 months' notice and provide 1-3 months' rent as compensation. If the tenant does not agree to renoviction, the landlord must apply to the Residential Tenancies Director to end the lease.