In Nova Scotia, if a roommate is not officially on the lease, they are considered an “occupant” rather than a tenant. Because they are not protected by the Residential Tenancies Act, you can generally evict them by providing “reasonable notice” and eventually calling the police to remove them as a trespasser if they refuse to leave.
Sharing an apartment is a great way to save money, but dealing with a problematic roommate can quickly become a nightmare. 📍 Whether you live in an apartment in Halifax, a rented house in Dartmouth, or a basement suite in Sydney, bringing someone in to share the rent carries legal risks. When the relationship breaks down, figuring out how to get them to leave is a common challenge.
The most important detail is whether your roommate actually signed the lease agreement with the landlord. If their name is not on the paperwork, the provincial housing rules do not apply to them. Instead, general contract law and property rights govern the situation. We will explain the steps you can take to legally remove an unwanted occupant from your home.
Step-by-Step Process in Nova Scotia
Navigating an eviction without a formal lease requires a delicate balance of firmness and legal safety. 💼 You cannot rely on the Residential Tenancies Program to solve a roommate dispute. Here is how you can generally proceed to regain control of your living space.
Step 1: Confirm Their Legal Status
First, verify that they are truly just an occupant. If they pay rent directly to you and you pay the landlord, you are the “head tenant” and they are a “licensee” or occupant. If they pay the landlord directly, the landlord may have accidentally created an implied tenancy, which complicates matters.
Step 2: Provide Reasonable Written Notice
Even though they are not protected by standard tenancy laws, common law requires you to give them “reasonable notice” to pack their belongings and find a new place. 📄 What is reasonable depends on how often they pay rent (e.g., 30 days if they pay monthly). Hand them a dated, written letter stating exactly when they must vacate the premises.
Step 3: Consult Your Landlord
It is wise to inform your landlord about the situation, especially if you plan to change the locks. In Nova Scotia, tenants cannot alter locks without the landlord’s permission. Ask your landlord to replace the lock on the deadline day, offering to pay for the hardware and the new keys.
Step 4: Contact Local Law Enforcement
If the deadline passes and your roommate refuses to leave, they are legally considered a trespasser. 🚨 You can call the Halifax Regional Police or the local RCMP branch. Show the officers your lease (proving you have the right to the space) and the notice you provided. Ask them to escort the trespasser off the property.
Step 5: Sue for Unpaid Expenses
If the roommate leaves behind damaged furniture or unpaid utility bills, you will need to recover those funds. You cannot use the tenancy board; instead, you must file a civil claim in the Small Claims Court of Nova Scotia to get your money back.
Tenant vs. Occupant Differences
Understanding the distinction between a formal tenant and an occupant is critical to taking the right action. 🔍 The table below outlines how these two legal statuses differ under Nova Scotian law.
| Feature | Official Tenant | Occupant (Roommate) |
|---|---|---|
| Signed the Lease? | Yes, signed with the landlord. | No, only has an agreement with the tenant. |
| Protected by Tenancy Act? | Yes, fully protected. | No, governed by common law. |
| Eviction Process | Requires a hearing and Director’s Order. | Reasonable notice and police removal. |
| Rent Liability | Legally bound to pay the landlord. | Only bound to pay the head tenant. |
How Much Does it Cost in Nova Scotia?
Removing a roommate who is not on the lease is generally more affordable than a formal tenancy eviction. However, you may still encounter a few out-of-pocket expenses along the way (amounts in CAD):
- Notice Costs: Drafting and handing them a written eviction letter is completely free.
- Locksmith Fees: If your landlord allows you to change the locks, a local locksmith will usually charge between $100 and $250.
- Police Intervention: Calling the police to remove a trespasser is a free public service.
- Small Claims Court: If you need to sue them for unpaid rent or damages, filing a claim costs between $99.70 and $166.15, depending on the amount you are claiming.
How Long Does the Process Take?
The timeline largely depends on the notice period you provide. ⋯ In most roommate situations where rent is paid monthly, 30 days is widely accepted as “reasonable notice” in Canada. If they pay weekly, one to two weeks might suffice.
If they refuse to leave and you must involve the police, the physical removal happens within a few hours. If you end up suing them for damages in Small Claims Court, obtaining a judgment will likely add an extra 3 to 6 months to your overall timeline.
Frequently Asked Questions (FAQ)
Can I just pack up their stuff and put it outside?
No, this is highly risky. Even though they are not a tenant, putting their belongings outside exposes you to a lawsuit if their items are stolen or damaged by the weather. It is much safer to have the police escort them out and arrange a supervised time for them to collect their property.
Do I need a lawyer to kick out a roommate?
Generally, no. Because the Residential Tenancies Act does not apply, you can handle the written notice and police request yourself. However, if they owe you a significant amount of money, consulting a local law firm before heading to Small Claims Court is a smart move.
What if my landlord wants to evict both of us?
If your roommate causes serious damage or noise complaints, your landlord can serve you (the official tenant) with a notice to quit. Because you are responsible for anyone you invite into the unit, your roommate’s bad behaviour can result in you losing your apartment.
Can the police refuse to remove them?
Sometimes, police officers are hesitant to intervene in domestic civil disputes. You must clearly explain that the person is an occupant/licensee, not a tenant, and that you have revoked their permission to be in your home. Having your written notice and lease ready will help convince the officers.
Can I shut off the Wi-Fi or electricity?
If the Wi-Fi is in your name and they are no longer paying their share, you can generally change the password. However, do not tamper with essential utilities like heat or water, as this can create safety hazards and lead to unnecessary legal complications for you.
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