To legally force a tenant out of your property in Nova Scotia, you must hire a provincial Sheriff. As of May 2026, the basic fee to hire the Sheriff for an eviction is approximately $100 to $150 CAD, plus additional costs for mileage, locksmiths, and moving companies if required.
Winning a hearing at the Residential Tenancies Program is a major victory, but it does not always mean your problems are over. If you receive an Order of the Director stating the tenant must vacate, and they still refuse to leave, you cannot physically remove them yourself. In Nova Scotia, only a designated provincial Sheriff has the legal authority to execute a physical eviction.
Understanding the final steps of the eviction process is crucial for landlords in Halifax, Truro, Bridgewater, and beyond. This guide details the step-by-step procedure to enforce your eviction order, the government fees involved, and the hidden costs you need to budget for on eviction day.
Step-by-Step Process in Nova Scotia
Converting a tenancy board decision into a physical eviction requires moving through the provincial court system. The process involves precise paperwork to ensure the Sheriff has the legal mandate to enter the property and remove the occupants.
Step 1: Wait for the Appeal Period
After you receive the Order of the Director in your favour, you cannot act immediately. Nova Scotia law mandates a strict 10-day appeal period. During this time, the tenant has the right to appeal the decision to the Small Claims Court. If no appeal is filed within those 10 days, you may proceed to the next step.
Step 2: Convert the Order at Small Claims Court
An Order of the Director is not automatically enforceable by the Sheriff. You must take your order to the local Small Claims Court (for example, at the Halifax Law Courts) to have it formally converted into an Order of the Court. This administrative step requires filling out an enforcement form and paying a small filing fee.
Step 3: Obtain an Execution Order and Hire the Sheriff
Once you have the Small Claims Court order, you apply for an Execution Order. You then take this document to the local Office of the Sheriff. You will pay the Sheriff’s fee and provide them with all necessary details about the property, the tenant, and any potential safety risks. The Sheriff will then schedule the eviction date and post a final notice on the tenant’s door. 🚪
Step 4: Eviction Day
On the scheduled day, the Sheriff will arrive at the rental unit to peacefully remove the tenant. As the landlord, you are responsible for hiring a locksmith to meet the Sheriff at the property to immediately change the locks. If the tenant leaves belongings behind, you must follow provincial rules regarding the storage and disposal of abandoned property.
How Much Does it Cost in Nova Scotia?
A physical eviction involves several out-of-pocket expenses for the landlord. While you can legally add these costs to the tenant’s debt, recovering the money later can be challenging. Here are the typical costs in Canadian dollars (CAD):
| Small Claims Court Conversion Fee | $30 – $45 CAD |
| Sheriff Base Execution Fee | $100 – $150 CAD |
| Sheriff Mileage & Travel Costs | Varies by distance |
| Locksmith Services (Eviction Day) | $100 – $250 CAD |
| Moving & Storage of Tenant Belongings | $300 – $1,000+ CAD |
It is important to remember that if the tenant leaves a significant amount of furniture behind, you are legally required to store it securely for a specific period (usually 30 days) before you can sell or dispose of it.
How Long Does the Process Take?
After winning your tenancy hearing, expect a delay before regaining your property. You must wait the 10-day appeal period. Filing at the Small Claims Court takes a few days. Once the Sheriff receives the Execution Order, they usually schedule the eviction within 1 to 3 weeks, depending on their current caseload and staffing levels in your specific region of Nova Scotia. ⏱️
Frequently Asked Questions (FAQ)
Can the local police evict my tenant?
No. The RCMP and local municipal police departments (like Halifax Regional Police) do not enforce civil eviction orders. Only the provincial Sheriff has the jurisdiction to remove a tenant under these circumstances.
Can I change the locks before the Sheriff arrives?
No. Changing the locks before the Sheriff officially executes the eviction order is illegal and can result in severe fines or a lawsuit from the tenant.
Does the tenant pay for the Sheriff fees?
The landlord must pay the fees upfront to hire the Sheriff. However, you can typically add these enforcement costs to the total judgment amount owed by the tenant.
What if the tenant leaves pets inside the unit?
If you or the Sheriff discover abandoned animals during the eviction, Animal Control or the SPCA must be contacted immediately to safely remove and care for the pets.
Leave a Reply