The landlord and tenant relationship is fundamentally a contract, often involving a considerable amount of planning and paperwork. In Nova Scotia, the landlord and tenant relationship is also governed by legislation known as the Residential Tenancies Act. There are also regulations associated with the Residential Tenancies Act that landlords and tenants should be aware of.
If a dispute arises between a landlord and their tenant, they should first attempt to work together to resolve it. However, when the relationship is strained and an amicable resolution is not possible, such disputes can be resolved through the Residential Tenancies Program.
The first step to engaging in the Residential Tenancies Program is to make an application to the Director of Residential Tenancies Program for a mediation or a hearing. There are several forms available on the Province’s residential tenancies website to make an application.
The form you file will depend on the type of the dispute involved. You should review the forms carefully before making an application. You are not required to have a lawyer assist you with making an application to the Director, but you may want to consider doing so.
A lawyer can also assist you with things such as reviewing lease agreements, helping you understand your rights and obligations as a landlord or tenant, and advising you on how to present your case or fully representing you through the application process.
After you make an application to the Director of Residential Tenancies, you will receive information on the mediation or hearing. These are typically conducted by way of telephone conference.
At the hearing, you will present your case to a Residential Tenancy Officer, who will hear evidence presented by the landlord and tenant. When you present your case, you can provide relevant documents, give oral testimony, and call witnesses to provide additional testimony to provide evidence to support your case.
After the hearing concludes, the Residential Tenancy Officer will make a decision on the outcome of the application. This decision is typically in writing and referred to as an Order of the Director. If either the landlord or the tenant disagrees with the decision, they can appeal it to the Small Claims Court of Nova Scotia for a new hearing.
This article is for information only and is not intended to be legal advice. If you have any questions or would like further information, you should consult a lawyer.
