Fighting An Eviction

Transcription

1 Fighting An Eviction It is against the law for your landlord to force you to move out without an order from the Residential Tenancies Officer. This article explains what your landlord must do to get an order and what you can do to stop it. Does This Article Apply To You? This article is about tenants rights under the Residential Tenancies Act (RTA). The RTA applies to most rental housing in Nova Scotia such as rooms, apartments, houses and land lease communities. But, some types of residences are not covered by the RTA. For example, university residencies, hospitals, jails, prisons, maternity homes, nursing homes, residential care facilities. If your housing is not covered by the RTA, this information does not apply to you. Find information on how to contact your local Legal Aid Office for legal advice and/or information and other community resources here: Contacts What Does My Landlord Have To Do To Evict Me? To evict you, your landlord must follow certain steps set out in the Residential Tenancies Act (RTA). Last Updated: August 2014 Page 1 of 15

2 If you do not want to move out, your landlord will have to make an application to Residential Tenancies and will have to serve you with a copy of the application and a hearing date. At the hearing, the Residential Tenancy Officer will meet with both you and the landlord. The hearing will deal with any conflicts between landlords and tenants that are covered by the RTA. Below are some papers you might get if your landlord is trying to evict you: 1. Landlord s Notice to Quit for Rental Arrears This tells you the date your landlord wants you to move out because you are behind in rent. The notice will tell you how much you owe in rent. You have 15 days after receiving the Notice to Quit for Rental Arrears to pay your rental arrears. If you pay your rental arrears, the Notice is void. You cannot be evicted. Or, you can file an Application with the Director at Access Nova Scotia for an order setting aside the Notice to Quit. This is called a Form J application. IMPORTANT If you do not pay your rental arrears or file an application within 15 days, the landlord can apply to the Director for an order, without any further notice to you. The Residential Tenancy Officer can make one or more of the following orders: Eviction; Order for rental arrears; Last Updated: August 2014 Page 2 of 15

3 Order to keep the security deposit and interest to be applied against rental arrears owing. 2. Landlord s Notice to Quit Breach of Statutory Condition Additional Circumstances This tells you that your landlord wants you to move out because you have breached one or more of the following statutory conditions: Good behavior; Obligation of the tenant; Subletting without consent of the landlord; Compliance with municipal by-laws in a land lease community. If you do not agree, you may file an Application with Residential Tenancies for an order to set aside the Notice to Quit. This is called an Application to Director. If you do not move out by the date in the Notice, the landlord will have to make an application to Residential Tenancies. 3. Landlord s Notice to Quit Additional Circumstances This tells you that your landlord wants you to move out because you pose a risk to the safety or security of the landlord or other tenants in the same building. The notice will tell you when the landlord wants you to leave. If you do not move out by the date in the notice, the landlord will have to make an application to Residential Tenancies. Last Updated: August 2014 Page 3 of 15

4 What Is The Application To Director? This is the form you or the landlord will file at Access Nova Scotia if there is conflict or disagreement about your tenancy. You will file this form to set aside the landlord s Notice to Quit for Rental Arrears. The landlord will file this form to get an order for eviction. The Application will have the following information: Date, time and location of the hearing; Name and contact information for the Residential Tenancy Officer hearing the application; Contact information for the landlord and for yourself; Information about your lease; Information about why the landlord wants to evict you or why you do not want to leave. The form has to be served on you or the landlord by personal service, registered mail or substituted service. At the hearing, the Residential Tenancy Officer can attempt to mediate the conflict between you and the landlord if you both agree. If you and the landlord cannot reach an agreement through mediation, the Residential Tenancy Officer will hear from both of you and review any materials you have for them. What Is An Order Of The Director? After the Residential Tenancy Officer holds a hearing, he/she will have 14 days to put their decision in writing. Last Updated: August 2014 Page 4 of 15

5 This called an Order of the Director. The Residential Tenancy Officer mails copies of the order to you and the landlord. IMPORTANT If you miss the hearing, the Residential Tenancy Officer will probably make an order for your eviction and/or payment of money for arrears of rent and/or damages and what happens to your security deposit. The next section tells you more about the eviction process and what you can do. Does My Landlord Have To Give Me Notice? YES. Your landlord has to give you written notice if the landlord wants you to leave. If your landlord wants to evict you, the first step is to give you written notice. Your landlord must do this by personal service, registered mail or substituted service. The notice must tell you the reason why your landlord wants you to leave. It must be one of the reasons listed in the Residential Tenancies Act (RTA). The Notice will be on a form that is called a Notice to Quit and it will give the date for you to leave. You can void the notice for rental arrears by paying the arrears in full. You can also file an application with Residential Tenancies to set aside the notice. The notice must tell you the date your landlord wants you to move. If the notice is for anything other than unpaid rent, the Last Updated: August 2014 Page 5 of 15

6 landlord has to make an application to Residential Tenancies to evict you. The notice must also tell you what you can do to cancel it for unpaid rent. For example, if you owe rent, it must tell you exactly how much and when you must pay it to cancel the notice. IMPORTANT: Dates to remember if you get a Notice to Quit for Rental Arrears Lease When Notice Can be Given by the Landlord Time to Respond by the Tenant Fixed 15 days after next due 15 days after notice given Yearly/Monthly 15 days after next due 15 days after notice given Weekly 15 days after next due 7 days after notice given What Happens When My Landlord Files an Application With Residential Tenancies? If you do not cancel the notice or move out, your landlord can apply to Residential Tenancies for an eviction order. The landlord has to pay a fee of $ It will have a name of Application to Director. Getting these papers does not mean you have to leave. You can be evicted only if the Residential Tenancy Officer makes an eviction order after holding a hearing. Last Updated: August 2014 Page 6 of 15

7 IMPORTANT The only time a Residential Tenancy Officer can order an eviction without a hearing is for unpaid rent. If this happens, you might not find out about it until the Residential Tenancy Officer sends you a copy of the order. If you find yourself in this situation, you must act quickly to try and stop the eviction by appealing to Small Claims Court. Find information on how to contact your local Legal Aid Office for legal advice and/or information and other community resources here: Contacts For everything else, your landlord must give you a copy of this form. Your landlord can do this by handing it to you, by registered mail or substituted service. The Application to Director tells you the date, time, and place of your hearing. It is very important that you go to the hearing, or send someone who can represent you. If you send someone, give them written permission to represent you and make sure they take it with them. If you do not go or send someone, the Residential Tenancy Officer will probably decide to evict you. What Can I Do Before The Hearing? Make sure to get more information and legal help before making a decision as to what to do. Below are some examples of things you can do: 1. Stop the Application By Paying What Your Landlord Says You Owe Last Updated: August 2014 Page 7 of 15

8 If your landlord has applied to evict you because you owe rent, you can stop the eviction if you pay what your landlord says you owe by the time to respond or before the hearing. The form your landlord gave you should have details about the amount you have to pay to stop the eviction (usually this includes the $30.25 fee your landlord paid to the Residential Tenancy Officer and charges for any bounced or NSF cheques). You can pay the full amount to your landlord or to the Residential Tenancy Officer. Get a receipt. Bring the receipt to the hearing to make sure the landlord s application is stopped. 2. Make An Agreement With Your Landlord If you cannot pay what you owe or you do not agree with the amount the landlord says you owe, or if the application is about something else, you can try to make an agreement with your landlord to stop the eviction. This is sometimes called a settlement agreement. You can do this before the hearing or at the hearing. Put any proposal you have, in writing. The Residential Tenancy Officer can act as a mediator who will try to help you and your landlord reach an agreement. They might phone you before your hearing or speak to you on the day of your hearing. If neither you nor the landlord agrees to mediation, the Residential Tenancy Officer will start the hearing. Either way, you can bring a lawyer or someone else to help you, such as a family member, a friend, or other advocate. You do not have to make an agreement with your landlord. But, sometimes making an agreement with your landlord is the best thing. For example, if you owe rent but cannot pay it before the hearing, an agreement might include a payment plan that gives you more time. Last Updated: August 2014 Page 8 of 15

9 It is important to be very careful about signing an agreement. If you sign a mediated agreement but then do not follow it, your landlord may file a further application with Residential Tenancies for an eviction order or tell the Residential Tenancy Officer you did not follow the agreement and the Residential Tenancy Officer will make an Order of the Director. Before you sign any settlement agreement, try to get legal advice, and make sure the agreement: Says exactly what you agreed to; and, Does not include anything you think is not fair or that you will not be able to do. The Residential Tenancy Officer will draw up the agreement and have both of you sign it. You will each be given a copy. 3. Prepare For The Hearing If you cannot stop the hearing from going ahead, you will have to prepare for the hearing. You might need to arrange for witnesses to come to the hearing, or you might need to make copies of papers or photographs you want to use at the hearing. The Residential Tenancy Officer will give you information about how to prepare for your hearing and what will happen at your hearing. If you do not receive this, call Access Nova Scotia or go to their website: Access Nova Scotia - Residential Tenancies - Mediation and Hearings You may also apply to your local office of Nova Scotia Legal Aid for advice and/or assistance. Last Updated: August 2014 Page 9 of 15

10 What Happens At The Hearing? If there is a hearing, the Residential Tenancy Officer will listen to why your landlord wants to evict you and why you think you should not be evicted. It is up to your landlord to prove to the Residential Tenancy Officer that there is a legal reason to evict you. You have the right to question or challenge any witnesses or evidence your landlord brings to the hearing. And you have the right to speak and to bring your own evidence and witnesses. Even if the Residential Tenancy Officer agrees that there is a legal reason to evict you, they can still decide not to evict you. The Residential Tenancy Officer must always look at all the facts, for example, how being evicted would affect you or your family. The Residential Tenancy Officer must also look at whether your landlord has been following the law and the rental agreement. KEY POINT To help you prove what you are saying, it is very important to bring evidence to your hearing, such as witnesses, photos, audio or video recordings, inspectors reports, work orders, letters, or receipts. If your landlord s application is about you owing rent and if the Residential Tenancy Officer decides that your landlord has not been following the law or the rental agreement, the Officer can also make orders to deal with those problems. For example, if the Residential Tenancy Officer decides that there are repair problems, the Officer could order your landlord to fix the problems or cancel some of the rent that you owe. Last Updated: August 2014 Page 10 of 15

11 The Residential Tenancy Officer will almost never cancel all the rent you owe. So, if you do owe rent, you should still try to suggest a payment plan that you think you will be able to follow. The Residential Tenancy Officer will make a decision either at the end of the hearing or later. The Residential Tenancy Officer will put this order in writing and send copies to you and your landlord. What If There Is An Eviction Order Against Me? If you do not want to move, you must do something about the eviction order right away. You must file an appeal to Small Claims Court within 10 calendar days of the order. When you file the appeal, you should ask if you qualify for a waiver of fees. 4. If There Was A Hearing The Residential Tenancy Officer may have made the eviction order because the Officer at the hearing agreed with your landlord or because you missed the hearing. If either of these things happened, you might be able to stop the eviction by filing an appeal in court. If the eviction is based on you owing rent, you might also be able to stop it by paying everything you owe plus the application fee the landlord paid. But, you must act very quickly and you must follow exactly the right steps. So it is best to get more detailed information or legal help first. Find information on how to contact your local Legal Aid Office for advice and/or information and other community resources here: Contacts Last Updated: August 2014 Page 11 of 15

12 5. If There Was No Hearing In some situations, the Residential Tenancy Officer can make an eviction order without holding a hearing but only for unpaid rent. If the eviction is based on you owing rent, you might also be able to stop it by paying everything you owe plus the application fee the landlord paid. But, you must act very quickly and you must follow exactly the right steps. So it is best to get more detailed information or legal help first. Find information on how to contact your local Legal Aid Office for advice and/or information and other community resources here: Contacts How Will The Eviction Order Be Enforced? You must move out by the date given in the Order unless you appeal the decision to Small Claims Court. If you do not move out or appeal the order, the landlord can have the Order of the Director made an order of the Small Claims Court and it can be enforced. This means a public official called the "Sheriff" can make you leave. The Sheriff is the only person who is allowed to actually force you out or lock you out. It is against the law for your landlord, a security guard, or anybody else to do this. Your landlord cannot change the locks until the Sheriff comes and allows it. Last Updated: August 2014 Page 12 of 15

13 What About My Belongings? If you are evicted, you have to take all your belongings with you. The landlord cannot hold or get rid of your belongings except as part of an order of the Residential Tenancy Officer. If you leave your belongings after you have been evicted, the landlord is supposed to do an inventory and file it with Residential Tenancies. After 60 days, the landlord can sell or get rid of your belongings and use the money to pay towards any rent owing and then to damages or storage costs with the rest of the money to be turned over to the Public Trustee based on the direction of the residential tenancy officer. For more information see: Can Your Landlord Keeping Your Belongings? Where to Get Help And Information Nova Scotia Legal Aid If you are a tenant with low income, contact your Nova Scotia Legal Aid Office for advice and/or assistance. You can find your local Nova Scotia Legal Aid Office by looking under Lawyers in your phone book. You can also check the Nova Scotia Legal Aid website at Legal Aid Offices ( or phone: Toll Free: Halifax: Access Nova Scotia (Residential Tenancies) Website: Access Nova Scotia - Residential Tenancies Toll Free: Halifax: TTY: Last Updated: August 2014 Page 13 of 15

14 Dalhousie Legal Aid Service (DLAS) Website: DLAS Halifax: Legal Information Society of Nova Scotia You may be able to get free advice about your family law issue from a lawyer for up to 20 minutes. This service is provided over the phone. Call the Legal Information Society of Nova Scotia at , to find out if you qualify for this service. Website: LISNS Toll Free: (within Nova Scotia) Halifax: questions@legalinfo.org Nova Scotia Human Rights Commission Website: Human Rights Commission Toll Free: Halifax: TTY: hrcinquires@gov.ns.ca Small Claims Court Website: The Courts of Nova Scotia - Small Claims Court Halifax: TTY: Dial-a-Law Website: Dial-a-Law How LISNS Can Help Not Toll Free: Last Updated: August 2014 Page 14 of 15

15 Sheriff s Office (Halifax) Telephone: Upper Water Street, Halifax Nova Scotia. 211 Nova Scotia Website: Homepage Nova Scotia Toll Free: Disclaimer: This site contains general legal information for residents of Nova Scotia, Canada. It is not intended to be used as legal advice for a specific legal problem. Last Updated: August 2014 Page 15 of 15