This article covers how to give notice, legal ways to move out early, and what can happen if you do not follow the rules about moving out.
This article is about tenants’ rights under the Residential
Tenancies Act (RTA).
The RTA applies to most rental housing in
Nova Scotia such as rooms, apartments, houses and mobile home parks.
But, some types of residences are not covered by the RTA . For example, university residencies, hospitals, jails, prisons, maternity homes, nursing homes, residential care facilities.
If your housing is not covered by the RTA , this information does not apply to you . Find information on how to contact your local
Legal Aid Office for legal advice and/or information and other community resources here:
Contacts
To protect yourself from owing money to your landlord after you move out, you must do one of the following:
 Give your landlord proper notice;
 Make an agreement with your landlord so you can move out early;
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 Get your landlord to agree to let you assign or sublet your place;
 Give notice if your landlord refuses to let you assign; or,
 Apply to Residential Tenancies to let you move out early.
You will also learn what can happen if you do not follow the rules about moving out and what can happen to your belongings if you leave them behind when you move.
Tenants must give proper notice when they want to move. This means that you must tell your landlord in writing that you are moving. How much written notice you need to give the landlord depends on the type of lease you have.
You have to give written notice and your notice must include:
 The address of the place you are moving out of;
 The date you are moving;
 Your signature; and,
 The date you signed the notice.
You do not need to give a reason why you are moving. You must make sure your landlord receives a copy of your written notice personally or by registered mail.
For more information, contact Access Nova Scotia or visit their website: Access Nova Scotia - Residential Tenancies
IMPORTANT
If you do not move out when your notice says you will, your landlord can apply to Residential Tenancies for an eviction order.
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For your notice to be legal, you must make sure that:
 You choose the right date to end your tenancy, this is known as your anniversary date; and,
 You give the notice to your landlord on time.
The right date and when to give notice both depend on what kind of tenancy you have.
DEFINITION
The term tenancy means your legal right to live in your place.
Usually, this right comes from an agreement between you and your landlord. This agreement might be called a tenancy agreement, a lease, or a rental agreement. The agreement does not have to be in writing to be legal. It can be a spoken agreement or even an unspoken understanding between you and your landlord.
The termination date is the day your notice says you will end your tenancy and move out. There are only certain days that you can choose as your termination date. To choose the right termination date, you need to know what kind of tenancy you have:
 If you have an agreement with the landlord to live in a place for a certain length of time, you have a fixed-term lease . It will probably be in writing, but it does not have to be. This tenancy ends on the date stated in the lease.
 If you do not have an agreement for a fixed term lease, then your lease is either a week-to-week; month-to-month or year-to-year lease. The date your lease starts is called the
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anniversary date . If your lease does not end on the anniversary date, it is automatically renewed.
 If you want to terminate your lease, then the chart below sets out some important dates and how much notice you will have to give your landlord:
Type of Lease
Year-to-Year
Notice by Tenant
3 Months before anniversary date
Month-to-Month
Week-to-Week
Manufactured home space
1 Month before anniversary date
1 Week before anniversary date
1 Month before the termination of the tenancy
IMPORTANT
If you live in a manufactured home space and want to move, then you MUST give your landlord 1 month’s notice before the end of your lease. Also, if you do not own your mobile home, you will also need to give notice to the owners of the mobile/manufactured home as well.
You can give your notice by registered mail, give it to your landlord in person or deliver the notice to your landlord’s agent.
An agent can be someone who works for your landlord, for example, the superintendent or someone who works in the property manager’s office.
Make sure to keep a copy of the notice . If you give the notice to someone in person, you can ask them to sign and date your copy.
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If you mail your notice, keep a record of when you mailed it. The best way to do this is to get a receipt from the post office.
It is very important that you give your landlord the notice on time. If your notice is even one day late, your tenancy will not end on the termination date you have chosen. That might mean that you will owe your landlord more money.
Sometimes tenants need to move out before the term of the tenancy is over, or without having enough time to give proper notice. To be sure that you will not owe extra rent if you are in this situation, you can:
 Get your landlord to agree to end your tenancy;
 Assign or sublet your place to a new tenant;
 Apply for an Order of the Director of Residential Tenancies ending your tenancy.
You MAY also be able to leave without giving proper notice if something happens that makes it impossible for you to live in your place. For example:
 Significant deterioration in your health;
 Your place is not fit to live in;
 Acceptance into a nursing home;
 Your landlord will not stop harassing you;
 Notice by a personal representative;
 Income reduction due to deterioration in health; or,
 Domestic violence.
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You can ask your landlord to agree to end your tenancy before the end of your rental period or term, or on short notice.
Sometimes landlords are happy to do this because they are allowed to charge a new tenant more rent than they can charge you.
NOTE
If you live in public housing, you are not allowed to sublet or assign your lease.
1.
Tenant’s Notice to Quit
This is the form you will give the landlord stating the date you wish to end your tenancy and how you would like your security deposit to be returned.
2.
Tenant’s Notice to Quit – Early Termination of Tenancy
Important: The following information applies only to yearly or fixed term tenancies. This is the form you will give the landlord stating why you want to end your lease early. You use this form if there is:
 Significant deterioration in your health that has resulted in a reduction in your income;
 Significant deterioration in your health and your doctor does not think you can continue in the lease; or,
 You have been accepted into a care home on a permanent basis.
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If there are other tenants you live with, you have to give each tenant a copy of this notice as well as the landlord. You will also use the form to tell the landlord how you would like your security deposit returned.
3.
Physician’s Certificate – Termination of Tenancy for
Health Reasons
This is the form you will have your doctor fill out for ending your lease early due to significant change in your health.
4.
Notice to Quit – Early Termination by Personal
Representative
Often this form is only used in the event of the death of the tenant and where the dead tenant was the only tenant.
HOWEVER: If you are unable to complete the forms on your own, you can have a personal representative use this form to give the landlord notice you want to end your lease early.
Another legal way to move out early is to sublet or assign your place to a new tenant.
Assigning means that the new tenant takes over your tenancy.
You are not returning to your place. The new tenant will make a new agreement with the landlord and the rent will stay the same.
The landlord has to return your security deposit to you upon receiving a security deposit from the new tenant.
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If you only want to leave your place for a few months and then return, you might be able to sublet to someone else while you are gone. A new lease will not be signed.
You are responsible for giving notice to end the lease.
IMPORTANT
Be careful who you choose to sublet to. You will be responsible if that person causes damage or does not pay all the rent.
If your request to assign or sublet your lease is reasonable, the landlord must allow you to assign or sublet your place. It is your responsibility to find someone to sublet or assign the lease. The landlord has the right to approve the person you choose unless there is good reason to not approve the person.
A good reason would be if the new tenant has no income.
The landlord can charge you a fee to assign or sublet your lease but no more than $75.00 and only if the landlord incurred actual expenses.
Try to get legal help if your landlord:
 Says that you cannot sublet to anyone;
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 Says that you can sublet or assign, but then rejects the tenants you suggest without giving you a good reason;
 Discriminates against people you want to assign or sublet to, for reasons such as race, religion, colour, sex, marital status, sexual orientation, being on Income Assistance, or having children; or,
 Charges you a sublet or assignment fee that is more than your landlord had to spend on things like advertising and credit checks.
For more information on the forms you will need to fill out in
order to end your tenancy early: Forms You May Need to Use to
Move Early .
If you are thinking about ending your tenancy early, you should seek legal advice. Find information on how to contact your local
Legal Aid Office and other community resources here: Contacts
You can ask the Residential Tenancy Officer to let you move out early if your landlord:
 Harasses you;
 Refuses to fix serious repair problems;
 Enters your apartment illegally;
 Changes the locks and does not give you a key;
 Interferes with the heat, water, electricity, or other utilities;
 Does other things that make it unpleasant to live in your apartment; or,
 Unreasonable when you ask to assign or sublet.
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You can also ask the Residential Tenancy Officer for other solutions to your problem. Try to get legal advice if you are applying to Residential Tenancies.
If you do not give the right amount of notice when you move out and do not take any of the other steps described in this article, your tenancy will not end when you move out. You might owe rent for the time until your tenancy does end.
If you gave incorrect notice, your tenancy will end on the earliest date that it could have ended, according to your lease.
If you did not give any notice, the rule is the same, except that the law pretends you gave a proper notice on the day your landlord found out you had moved.
Your tenancy can end sooner if a new tenant moves in. Your landlord must try to find a new tenant as soon as possible, rather than waiting until your tenancy ends. So it is usually a good idea to make it easier for your landlord to rent the place to someone else. For example, you can make sure your landlord knows when you will be moving, even if you cannot give proper notice.
When you move out, make sure your place is as clean as when you moved in and not damaged. If you do not, your landlord will probably not give you a good reference when you are looking for a new place to live.
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If you think your landlord might try to make you pay for repairs or cleaning, make sure you have proof that you left your apartment in good shape. You could do this by taking pictures of your place when you move out – if possible, try to ensure that the pictures are date stamped by your camera. Or, you could have someone look at your place just before you leave.
Your landlord can apply to Residential Tenancies for damages if your place is damaged. Your landlord cannot charge you for reasonable wear and tear or damages that were not caused by you or your guest.
If you paid a security deposit when your tenancy started, your landlord is not allowed to keep it to pay for damage, unless you agree. If you do not agree, the landlord will have to file an application with Residential Tenancies.
The reality is that landlords often hold security deposits until you
(the tenant) make an application to get it back.
IMPORTANT : If the landlord fails to file the security deposit application within 10 Days of the end of the tenancy (when your lease ends) then your security deposit MUST be repaid to you.
For more information on security deposits call Access Nova Scotia or go to their website: Access Nova Scotia - Residential Tenancies
- Security Deposit Calculator
Make sure you take all of your belongings with you when you leave your place, unless you are subletting and will be coming back.
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If you leave any of your belongings behind, the landlord should make an inventory of all items and file it with Residential
Tenancies. If you do not reclaim your belongings after 60 days , your landlord can sell or get rid of your belongings. Any money your landlord makes from selling your stuff is to first go towards unpaid rent and then to any damages. Any money left over is to be given to the Public Trustee.
IMPORTANT : For more information on your personal belongings see the article: Can Your Landlord Keep Your Belongings
Nova Scotia Legal Aid
If you are a tenant with low income, contact your Nova Scotia
Legal Aid Office for advice and/or assistance. You can find your local Nova Scotia Legal Aid Office by looking under “Lawyers” in your phone book. You can also check the Nova Scotia Legal Aid website at Legal Aid Offices ( www.nslegalaid.ca
) or phone:
Toll Free: 1-866-420-3450
Halifax: 1-902-420-3450
Access Nova Scotia (Residential Tenancies)
Website: Access Nova Scotia - Residential Tenancies
Toll Free: 1-800-670-4357
Halifax: 1-902-424-5200
TTY: 1-877-404-0867
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Dalhousie Legal Aid Service (DLAS)
Website: DLAS
Halifax: 1-902-423-8105
Legal Information Society of Nova Scotia
You may be able to get free advice about your family law issue from a lawyer for up to 20 minutes. This service is provided over the phone. Call the Legal Information Society of Nova Scotia at
902-455-3135, to find out if you qualify for this service.
Website: LISNS
Toll Free: 1-800-665-9779 (within Nova Scotia)
Halifax: 1-902-455-3135
Email: questions@legalinfo.org
Nova Scotia Human Rights Commission
Website: Human Rights Commission
Toll Free: 1-877-269-7699
Halifax: 1-902-424-4111
TTY: 1-902-424-3139
Email: hrcinquires@gov.ns.ca
Small Claims Court
Website: The Courts of Nova Scotia - Small Claims Court
Halifax: 1-902-424-8722
TTY: 1-902-424-0551
Dial-a-Law
Website: Dial-a-Law | How LISNS Can Help
Not Toll Free: 1-902-420-1888.
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Sheriff’s Office (Halifax)
Telephone: 1-902-424 8212
1815 Upper Water Street, Halifax Nova Scotia.
211 Nova Scotia
Website: Homepage - 211 Nova Scotia
Toll Free: 1-855-466-4994
Disclaimer: This site contains general legal information for residents of Nova
Scotia, Canada. It is not intended to be used as legal advice for a specific legal problem.
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