Moving In, Moving Out

NOTE: This article is part of a feature series entitled Consumer Savvy, produced by the Department of Business and Consumer Services. Today's feature is the sixth in a series on consumer issues and deals with residential tenancies.

The Fall is a always a busy time for tenants and landlords. In fact, there is probably no other issue that touches the lives of Nova Scotians more than residential tenancies. At a time when occupancy rates are at an all-time high, it's important to understand landlord and tenant rights under the Residential Tenancies Act.

The following guide to the Residential Tenancies Act will help make the most of your time as a tenant. Please note, this guide is intended as general information and is not a substitute for legal advice.

• Before you move in, make sure you understand the terms of your lease before you sign. The lease will outline what is included in your rent (heat, electricity, etc.) and will affect the notice period you are required to give before moving out. A year-to-year lease runs for 12 months and will automatically renew for another year if three months written notice prior to the anniversary date of the lease is not given.

• Examine your apartment very carefully under good lighting conditions. Walk through with the landlord and make note in writing anything that is damaged or in need of repair. Both you and the landlord should sign and date the original report and keep a copy.

• A security deposit on the apartment may be required, but cannot exceed one half of one month's rent. When you provide the landlord with the deposit, make sure to get a receipt. If you leave the unit clean and in a state of good repair, your security deposit should be returned with interest. Remember to check the lease as it may stipulate tenant requirements before moving out.

• The landlord must provide you with a copy of the Residential Tenancies Act at no cost to you, either at the time you sign the lease or within 10 days of the date you sign the lease. The landlord must also supply the name, address and phone number of the person to contact in the event of an emergency, and who is responsible for the premises. In some cases this may be the landlord or a superintendent.

• The landlord is entitled to increase the rent only once in a 12 month period, but not in the 12 months following the commencement of the lease. The landlord must provide you with written notice of the increase at least four months prior to the anniversary date of the lease for year-to-year and month-to month leases, and eight weeks notice for week-to-week leases.

• Before you move out, you must provide the landlord with a written notice to quit. This is a letter from you notifying the landlord that you do not intend to renew the lease. It must be delivered personally or by registered mail. If you have a yearly lease, three full months' notice prior to the anniversary date of the lease is required, otherwise your lease automatically renews for another 12 months. For a month-to-month lease, at least one full month's notice is required, or if your lease is weekly, you must give at least one full week's written notice.

• Remember, once a notice to quit is provided, the landlord is entitled to show the unit to perspective tenants at a reasonable hour without notice to you. However, if you ask, many landlords will give you notice when possible.

• On moving day, you should ask the landlord or his/her representative to inspect the unit before you fully vacate. If you had a written inspection report or checklist upon moving in, review it carefully with the landlord or representative. If not, make written notes of the condition of the premises, sign it and provide the landlord with a copy. You are also responsible for leaving the unit and the appliances clean and tidy, and to repair any damage that may have occurred during your tenancy.

• If you encounter any problems during the tenancy, you should always try to discuss it with your landlord first. If the situation cannot be resolved, the Residential Tenancies staff at the Department of Business and Consumer Services can provide information and advice.

For detailed information on tenant and landlord responsibilities under the Residential Tenancies Act, call 902-424-5200 or 1-800- 670-4357, or visit the website at www.gov.ns.ca/bacs.