As a tenant, it鈥檚 good to know your rights! The Landlord and Tenant Acts main purpose to protect both property owners (typically called a landlords) and tenants. It can help to resolve issues, terminate agreements, and set minimum property guidelines.
While the act is super important, is it very long and can be difficult to interpret but don鈥檛 worry, below we have outlined the most common sections relevant to you! This list is not exhaustive so, if you can鈥檛 find a relevant section for your problem, come see your off-campus housing advisors and we will do our best to help you find the answers you need.
What is subletting?
Since many of us are only in class for the Fall and Winter semesters, it鈥檚 common that we will leave during the summer months and sublet our apartments. Subletting is another form of leasing which transfers the tenancy of the property from the original tenant to someone else (typically called the subtenant).
This benefits the original tenant as they aren鈥檛 on the hook for the rent while they鈥檙e away from the property and it benefits the subletter who may only be in town for a short period. Be sure to sign a sublease stating the terms of the agreement to protect both you and the subtenant.
It鈥檚 super important to remember that sublease agreements are only allowed when consent is given from your landlord. Do not assume you will be able to sublet your property! Ensure you check with your landlord before signing a lease if you know you will be looking to sublet.
During the sublet period, the tenant is still responsible for any breaches of the lease with the landlord and the subtenant is responsible to the tenant for any breaches of the sublease. The sublease should clearly state the dates of occupancy and termination of the sublease between the tenant and subtenant.
More Things to Know About Subletting
First things first, what is a lease?
A lease is a signed document between the landlord and a tenant which will state the start date of tenancy, the date that the lease is signed, the date the keys are given to the tenant and move in date. This should be signed with a witness and typically landlords will require a security deposit at the time of signing.
In the lease, the landlord must provide the tenant with the landlord鈥檚 name, their address or the name and address of the person responsible for the premises. This may be a property management company. Either way, it鈥檚 very important to be given a method to contact a person responsible for the property.
The lease should state all appliances, utilities if included, and any other terms of agreement such as repairs, snow clearing, etc. It鈥檚 very important these are listed in your lease agreement.
It is required by law that the landlord provides you with a copy of the signed lease and a copy of the Landlord and Tenancy Act or directs you to the electronic version found .
A word of advice 鈥� read your lease fully before signing. Make sure you understand what is provided and what is expected of you as the tenant. If you have questions, ask! Once the lease is signed, there鈥檚 no backing out.
Types of Leases
There are a few different lease term options including fixed term and month to month leases. Fixed term means you sign on to be the tenant for the length listed in the lease. This is the most common in the Wolfville area and can last anywhere from 2 months to a year depending on your landlord鈥檚 preference. Alternatively, there are month to month leases which mean that you renew for another month at the end of each month. These leases are more flexible since you can leave at the end of any month if sufficient notice has been given.
Statutory Conditions
The act states that properties must be kept in 鈥済ood working order鈥� and 鈥渇it for habitation鈥� in compliance with safety, health, and housing laws. This is a bit vague, but it is covering a lot of topics such as fire prevention, adequate exits, mould and sanitation, etc. So, if you think that the sanitization is lacking, repairs are in order, or you feel the property is inadequate it鈥檚 worth looking into these laws. Contacting your landlord to discuss these items is always the first step but it can be helpful to know the minimum conditions that should be provided.
If you鈥檙e living in Wolfville there is also a town Property Minimum Standards Bylaw. This Bylaw exists to ensure landlords provide a minimum set of standards for individuals in residential conditions. The Bylaw is specific, and the bylaw officer is local so, they may be familiar with your situation and may be able to provide more immediate assistance. If the property doesn鈥檛 meet the bylaws standard, the town can directly contact your landlord and help resolve the issue.
It鈥檚 important to note, a landlord is NOT allowed to remove utilities including heat and power, appliances or other items that were outlined in the lease.
Notice of Rental increase
Once you sign a lease, your landlord cannot increase rent in the first 12 months regardless of the lease type. They can only increase the rent once per year and must give the tenant written notice a minimum of four months before the effective rate increase date if you鈥檙e on a yearly or month to month lease. For week-to-week leases, they must give you 8 weeks notice.
It鈥檚 also important to know that Nova Scotia has a rent cap which exists to limit the strain of rent increase on tenants. The rent cap states that landlords can only increase rent by a minimum of 5% each year. So, if you receive notice of a rent increase be sure to check that your landlord is abiding to this regulation!
Landlord's Rules
Your landlord may invoke rules for you to follow throughout your lease to protect their property from damage, maintain the safety and welfare of your roommates or neighbours and allow proper distribution of services to tenants. The rules must be reasonable and clearly stated in the lease agreement. Your landlord can change their rules as long as 4 months notice is given to the tenant before the lease is renewed. It鈥檚 important to understand these rules before signing your lease! For example, if the rules state no parties on the premises, and you throw a party, you have technically broken a term of your lease.
Property Bylaws
The Town's outlines the responsibilities of tenants and property owners.
- Tenants or owners of a building shall maintain the building to standards as provided in this bylaw.
- Tenants or owners shall keep yards free of garbage and debris.
- Tenants or owners shall ensure any furniture designed and manufactured for indoor use shall not be placed outside a dwelling.
Other sections of bylaw cover, grounds and lawns, walks, steps, driveways and parking areas, storage of waste and resource materials, and standards for buildings.
If you have issues with your building or you notice a property not complying with the minimum standards and would like to report this to the Town, you can contact Kaden Thibeau, Community Compliance Coordinator, kthibault@wolfville.ca.
Visiting the premises
Your landlord may need to visit the premises from time to time to review the state of the property or do repairs. They must give you a minimum of 24 hours notice, state the reason for visiting, and visit between 8am and 8pm unless otherwise agreed upon or there is an emergency.
Your landlord should not be dropping by unannounced or without reason so, know that you can ask for 24 hours notice and reasoning for future visits.
Security Deposit
A security deposit is an amount of money requested by the landlord to cover any damages incurred during the lease outside ordinary wear and tear of the property. Landlord鈥檚 can ask for a maximum of 50% of one month鈥檚 rent and usually this is required at the time of lease signing.
Remember that it is a deposit and should be returned to you when you move out of the apartment. Typically, you and your landlord will conduct a final walk through of your property once all your things are out. If you have kept the property in good condition your landlord should not withhold the deposit. If you have not caused any damages outside of normal wear and tear and your landlord refuses to return your damage deposit, you can reach out to the tenancy board for further support and next steps.
Pro tip! 鈥� On the day you sign your lease or before you move anything in, take pictures of the entire apartment, any damages that exist or repairs needed. At the end of your lease, take pictures again to capture the condition of the property when you left it. This way, if your landlord tries to wrongly accuse you of any damages, you have proof to back yourself up.
Tenant's Insurance
Some landlords may require you to have tenant insurance as part of your lease, but even if it's not required, it's often a good idea to have and it's usually quite affordable. Your landlord will insure their building, but that may not provide protection or reimbursement for you in the event of an accident, theft, or disaster.
Tenant insurance usually includes:
- Coverage of damage or theft of your possessions
- Liability insurance if a guest injures themselves in your rental unit or if someone accidentally causes damage to the property
- Living expenses if you need to temporarily move out because of a fire, flood, etc.
You should always check with your insurance provider to see exactly what areas of鈥痑 shared unit (if applicable) are covered under your policy (bedroom, common areas, etc.) in the event of fire, flood, theft鈥痮r damage.
Many, but not all insurance companies offer tenant insurance, but many do. Here is a list of a few providers:
Noise, parties, alcohol, and other bylaws
The Town of Wolfville has an that includes issues like:
- Noise which disturbs or disturbs the peace and tranquility of the community.
- Operating sound systems are a level resulting in sound being heard in another unit or building.
Fines range from $200-$900. However, it's easy to have fun and gather with your friends without bothering others. Just consider a few things:
Be mindful of the time.
Although the bylaw applies to any time of day (not just the nighttime), the later it gets, the more noise tends to disrupt and affect people. Keep in mind that other people may have very different work, study, and sleep schedules.
Keep the noise reasonable and gather inside.
Gathering inside and closing the windows will reduce how much sound travels and impacts others.
Talk to your neighbours to gauge their expectations when it comes to noise.
Exchange contact information so you can resolve any issues before they turn into a complaint. Having this conversation will help maintain a good relationship with your neighbours, and it helps create mutual respect.
Social Gatherings - Be in Control
The Town of Wolfville has a that puts responsibility on the host of a social gathering to control overall behaviour. When behaviour becomes a nuisance, Wolfville Compliance Officers and RCMP have the authority to intervene.
A nuisance includes the following behaviour:
- Public intoxication
- Excessive noise
- Deposit of litter on public or private property
- Damage to property - public urination or defecation
- Unauthorized open burning
- Obstruction of vehicular or pedestrian traffic
- Public disturbance, which includes confrontation or violence
- Unlawful sale or distribution of alcohol or controlled substances
- Use or entry upon a roof
Nuisance Party Orders (Warnings) and Summary Offence Tickets can be issued to the property tenants as well as party attendees. Fines can range from $582.50-$1157.50.
To have a good party without being ticketed, keep in mind our tips for managing noise, and also:
- Tell your neighbours when you are planning a social gathering and a name and number they can contact if there are issues.
- Keep the overall number of guests reasonable, and only invite those you know within your social circle.
- Have a team of sober people to help manage your party.
- Contact the Compliance Coordinator if you have any questions or concerns about hosting a gathering.
- If your gathering starts to get larger then you expected, call the RCMP to help crowd control and remove unwanted guests.
Open Alcohol
Under provincial law, no open alcohol is permitted in public spaces such as outside of any residence buildings, on campus grounds, or in the Town of Wolfville.
Open alcohol is any alcohol in a container that has been open or unsealed, like a cup, mug, can, or bottle, even if you aren't drinking it when the officer speaks to you.
To avoid a ticket, don't carry open alcohol. This means that if you're leaving a party or residence, you should dump your drink and properly dispose of the bottle or can. Carry your unopened alcohol in a bag.
Student Code of Conduct
Acadia investigates and responds to off-campus violations by current Acadia students where the complainant is a member of the Acadia community and/or the matter has been referred by the Town of Wolfville and/or RCMP. Violations of the Town of Wolfville鈥檚 Excessive Noise Bylaw and Nuisance Party Bylaw are regularly referred to the University for follow-up.
Please feel free to review the Student Code of Conduct and if you need to file a complaint, receive further explanation of process/charges or ask questions about the conduct process, contact the coordinator of the Code of Conduct Office.
What do you do if you have conflict with your landlord?
The first step is always to review your lease and any additional resources before you talk with them to understand your rights as a tenant.
Try to approach your landlord in a calm and respectful but direct way. Even if they are not respecting you, or are trying to intimidate you, try not to get angry or sink to their level as this will only take away importance from your issue.
Be honest about what is bothering you. Don鈥檛 minimize the problem because you are fearful that your relationship with your landlord will suffer. If you find it difficult to have uncomfortable conversations making a list of the issues you want to discuss before having the conversation can really help. You can even practice exactly what you want to say and have notes with you.
If possible, support your reasoning with facts such as your lease agreement, photos, or clauses from the Landlord and Tenancy Act.
Keep notes about your conversations, including dates, what was said and what was agreed upon. If you think you may need legal advice or action, notes are helpful for relaying the situation.
Try to communicate in writing and keep a copy for yourself that way there is a written record of exactly what was said. Often this will put a sense of urgency on the issue and cause a response from the landlord. Also, it serves as evidence that you tried to resolve the issue before seeking help from the tenancy board or a legal representative.
Check out this for more helpful tips on managing conflict with a landlord.
Is there Legal Support for Tenants available?
As part of the support services available to you from the ASU, you get a free legal consultation by calling I.M. WELL at 1-877-55-IMWELL (46935) or .
- You'll need to sign in on this platform or register an account. You can use your Acadia email as your username and create a password.
- To request counselling services, you are required to complete the intake form. There is a question about which type of counselling you are requesting. From the dropdown menu, you can select the sixth option, legal consultation.
Notice to Quit & Early Termination of Lease
If your landlord has not been responsive to your concerns and you have made multiple attempts to resolve the issues, you may be interested in giving them a notice to quit or an early termination. Your lease type and extent of your issues will determine how much notice is required. In these scenarios, it is often difficult to reach an agreement with your landlord and legal support is advisable.
For situations which are past a point of mediation, as an Acadia student you have access to legal support. Find out more information about the ASU鈥檚 legal aid .
Nova Scotia Residential Tenancies Guide
As a renter, you are encouraged to review the NS Residential Tenancies Guide. This guide includes information on: renting apartments; mobile and tiny homes; the rules of a tenancy contract and how to abide by them; handling crime, discrimination, and stressful situations; what your landlord legally can and cannot do; and finally, how to be a good tenant and community member.
How to Close Up Your Apartment for Break
Nice, you鈥檙e going away for a break! Take some time to relax and recharge after that busy semester, but before you go, take some time to close up your apartment before you leave. This will help make your life easier when you return and minimize those post-trip blues.
Learn more