Residential Tenancy Goes Online In Nova Scotia – I do want to give credit where credit is do, because although NS residential tenancy is only marketing their online communication plan now in 2021, they have been doing a lot of great things online already. Especially when it comes to forms like leases and submission forms. You can also ask questions to askus@novascotia.ca. I have always received responses in a timely manner when I have asked questions. Also you can call 902-424-5200 orToll-free (within North America): 1-800-670-4357
TTY (toll-free within North America): 1-877-404-0867

The challenge has and still will be the reaction time and hearing booking challenges. I think by COVID introducing more ways to have hearings using technology this might get expedited, but I feel until the government in our and other jurisdictions steps up and change the rule enforcement process for landlords and tenants, this will continue to be a problem.

That being said, this next level is an important step in the right direction. This new process will save time for landlords and tenants who are having a dispute. It will get the application to residential tenancy quicker and avoid having to go to a physical office to apply and pay the fee.

The new process is presented on their website like this: Avoid the wait, Stay safe, Apply online

NEW: You can now submit your application to the Residential
Tenancies Program to resolve a dispute between landlord and tenant
online (Form J). It is fast and easy!
Applications can be made to resolve a dispute such as terminating tenancy, security deposit
return and property damage.
You can use the new online service if you:
• have an email account
• have a Nova Scotia Online Services account. If you don’t have an online service account
you can create one at: https://accesstobusiness.snsmr.gov.ns.ca/a2b_web/resten
• pay using one of the following:
• Visa and Visa Debit
• Mastercard and Mastercard Debit
• American Express
• Interac® Online
When you submit your application to the Residential Tenancies Program online, you will get
an email confirming your submission. Your application will then be processed within two
business days. It can take longer if more information is needed or if your application has not
been completed correctly.
Your official documents (hearing package) with the hearing date and time will be delivered to
you by the method you choose:
• email
• regular mail
• pickup at an Access Nova Scotia location you have chosen
To access our online services: https://beta.novascotia.ca/application-director-resolvedispute-between-landlord-and-tenant-form-j
Additional information can be found on our website: https://novascotia.ca/rta
or by calling 1-800-670-4357.

You here a lot of mention of form J, K and D when it comes to tenant relation challenges in Nova Scotia.

Form J – Application to the director – Use this form if you are a landlord or tenant trying to resolve a dispute.

Form K – Application to Director to end tenancy (lease) because of unpaid rent.

If you are a landlord applying to end a tenancy for rental arrears and do not wish to have a hearing or attempt to mediate with your tenant.

You can only use Form K if you already served your tenant with form D.

Form D – Use this form to give a Notice to Quit when a tenant has failed to pay rent.

NOTE: Landlords can only serve a Form D after rent is 15 days overdue.
If rent was due on the 1st, you must count 15 days starting with the 2nd. Tenants have until the end of the 15 days (the 16th) to pay their rent and have the notice set aside. Where rent is due on the 1st, the earliest
landlords can serve a Form D is the 17th

I am often asked why it takes so long to evict a tenant. The challenge is the stall tactics that the residential tenancy act provides to tenants that do not pay the rent. That being said, sometimes a tenant will leave based on the form D, or they will file a form J to appeal to buy time and leave before the hearing, or wait to hear what the director says at the hearing and leave after that. When it comes to black & white issues like rent not being paid, you have good odds of residential tenancy ruling in your favor, however, you are not able to avoid the stall tactics put in place by the process.

The reasons for these timelines make sense for honest landlords and tenants to work out a plan to solve a temporary issue that may have been caused by a life event or an unreasonable rental increase. I mean as a society it would be in poor taste to make someone homeless because they need a couple of weeks to catch up on rent.

When I speak to landlords about the eviction process in Nova Scotia (which is similar to other jurisdictions in Canada, US, UK) I start with the following recipe:

Step 1: Tenant screening, use a process, stick to it and never waiver.

Step 2: Write up a proper legal lease. in my area you can have a lease that reads whatever you want, but if it falls outside of the local residential tenancy guidelines, you will have a tough time backing it up. I use the Nova Scotia Lease (Form P) It is free and will keep you compliant. Although you may have to attach additional forms such as pet applications, or rules around usage of common areas, out buildings etc.

Step 3: Set expectations and be consistent. The landlord / tenant relationship is a business relationship between a customer (tenant) and Business (Landlord, building owner). Some examples of expectations that lead to disputes are:

1. rental increases, if you plan to do a rental increase annually as long as the tenant lives there, let them know up front, or if you keep rent low by doing minimal upgrades let them know or that you are willing to do upgrades such as heat pumps, decks, yardwork etc. if they are ok with a rental increase in return.

2. Property condition / maintenance plan. If you require the tenant to use dehumidifiers, or spray for some sort of insect, make it part of the tenancy plan. If you rent a basement apartment that has low light, and is damp, you know mold will become an issue if a dehumidifier is not used, so buy one for the unit, or even better have a build in one installed. If the unit has an entrance close to a restaurant, or other rat, rodent, and insect attracting location be up front and explain what you do to keep the pests away, but make them aware they may see one, and not to leave there door open, since one might get in. Also if the property has an out building that you do not plan to maintain, either make it off limits or use at own risk, or allow them to fix it up. One more would be flooring, appliance and other maintenance and capital upgrade items. Be open with your plans.

3. Property rules (usually relates to common areas). Where can the tenant park, store a bike, do laundry, can they use the yard for a BBQ, or to have friends over, can they put a bike on a balcony those type of things. These are really important issues when it comes to renting condos or properties that are guided by home owners associations.

What is important to remember is the majority of tenants and landlords are great well intended people.

As landlords we also need to realize that we are running a business and sometimes things do not always go as planned, which leads to expense (like the time I had a tenant leave after they tore the bathroom sink off the wall and stuck a sword through the ceiling).

I am not sure if this new online filing process will speed up the eviction process, but it is definitely a step in the right direction.

Until next time,

Design your landlord experience,

Michael P Currie

Landlord by Design

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Also check out my article on tenant screening

Photo Credit goes to Cytonn Photography