To end a tenancy in Nova Scotia so a close family member can move in, you must serve the tenant with a Form DR2 (Notice to Quit). For standard month-to-month or yearly leases, you are legally required to provide at least 2 full months of written notice, and the application fee for a hearing is $31.15 CAD.
Owning a rental property provides a valuable asset, but circumstances change, and you may eventually need the home for your own family. Whether your aging parents are moving to Halifax or your child is starting university in Antigonish and needs housing, Nova Scotia law allows you to reclaim your property. However, this process, known as ending a tenancy for “Landlord’s Own Use,” is strictly regulated by the Residential Tenancies Act.
You cannot simply tell a tenant to pack up and leave because you want the space back. 📜 Evicting a tenant for a family member requires proper paperwork, precise timing, and, most importantly, good faith. If a tenant suspects you are using this rule as a loophole to raise the rent for a new stranger, they can dispute the eviction, leading to lengthy delays and potential financial penalties for you.
Step-by-Step Process in Nova Scotia
Whether your rental unit is in Dartmouth, Sydney, or Truro, the procedure to end a tenancy for a family member is the same across the province. You must follow these exact administrative steps through Access Nova Scotia.
Step 1: Confirm the Family Member’s Eligibility
Under Nova Scotia tenancy laws, “family” is strictly defined. 👪 You can only use this specific eviction process if the person moving in is yourself, your spouse, your child, your parent, or a child or parent of your spouse. You cannot use this method to provide a home for your sister, brother, cousin, or best friend.
Step 2: Serve Form DR2 (Notice to Quit)
You must provide the tenant with a formal written notice using Form DR2. For a month-to-month or year-to-year lease, you must give the tenant at least 2 full months’ notice. If the tenant is on a fixed-term lease, you cannot force them out before the end date of that specific lease term, regardless of your family’s needs.
Step 3: Wait for the Tenant’s Response
After receiving the Form DR2, the tenant has 15 days to file a dispute with the Residential Tenancies Program if they believe the notice is unfair or given in bad faith. ⌛ If they do not dispute it within this timeframe, the law assumes they accept the end of the tenancy and will move out on the specified date.
Step 4: Apply to the Director (If They Refuse to Leave)
If the tenant disputes the notice or simply refuses to move out on the deadline, you must submit a Form J (Application to Director). This triggers an official hearing where a Tenancy Officer will review your evidence, listen to both sides, and issue a binding Order of the Director.
How Much Does it Cost in Nova Scotia?
Reclaiming your property for personal use involves some minor administrative fees, but costs can escalate if the tenant fights the eviction. 💰
- Filing a Form J: Submitting an Application to the Director through Access Nova Scotia costs $31.15 CAD.
- Sheriff Eviction Fees: If you win the hearing but the tenant still refuses to leave, you will need the local Sheriff to enforce the order, which typically costs $150 to $200 CAD plus mileage.
- Lawyer or Paralegal Fees: If the case is complex, hiring legal representation to manage the hearing generally costs between $300 and $800 CAD.
- Bad Faith Penalties: If you are caught faking a family move-in to increase rent, the Director may order you to pay the tenant’s moving expenses and difference in rent for up to 12 months.
Comparing Eviction Notice Types
Using the correct form is the most important part of the eviction process.
| Form Type | Reason for Notice | Notice Period (Month-to-Month) |
|---|---|---|
| Form DR2 | Landlord’s Own Use (Family moving in). | 2 full months. |
| Form D | Unpaid rent arrears. | 15 days. |
| Form E | Breach of statutory conditions (e.g., severe damage). | 15 days. |
How Long Does the Process Take?
Patience is required when ending a tenancy for family use. 📅 The mandatory notice period alone is 2 months. If the tenant files a dispute, securing a hearing date with the Residential Tenancies Program can add an additional 4 to 6 weeks. If you are forced to use a Sheriff to physically remove a non-compliant tenant, expect the entire timeline to stretch to 3 to 4 months.
Frequently Asked Questions (FAQ)
What does “good faith” mean in an eviction?
Good faith means you genuinely intend for your listed family member to live in the unit for a reasonable amount of time. If you evict a tenant and then immediately list the apartment on Airbnb or at a higher rent, you are acting in bad faith.
Can I evict if I am selling the house?
Yes, but you must use a different form. If you sell the property and the new purchaser wants to move in themselves, the purchaser must ask you (in writing) to serve the tenant with a Form DR2 on their behalf.
Do I have to pay the tenant to leave?
Currently, under standard Nova Scotia laws, landlords are not strictly required to pay a month of compensation for a good-faith family move-in, unlike in some other provinces. However, offering a “cash for keys” mutual agreement can often speed up the process.
What if my family member’s plans change?
If your child or parent suddenly cannot move in due to a genuine, unforeseen emergency (like severe illness or a lost job), you must be prepared to prove this emergency to the Tenancy Officer if the former tenant files a complaint.
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