Nova Scotia Lease Agreement Guide 2026: Form P, Statutory Conditions, 5% Rent Cap

Nova Scotia's residential tenancy law is built around a set of "Statutory Conditions" that apply to every lease whether they're written in the agreement or not. The province has a temporary 5% rent cap for existing tenants (the 2026 limit), a mandatory Form P Standard Form of Lease, and a security deposit cap of half a month's rent — the strictest in Atlantic Canada.

This guide covers what every NS lease must include, the rent cap details, the year-to-year conversion at lease expiry, and what landlords get wrong at Residential Tenancies hearings. Sourced from the Residential Tenancies Act, R.S.N.S. 1989, c. 401 and Service Nova Scotia's current guidance.

Form P — the Standard Form of Lease

Nova Scotia requires landlords to use the Standard Form of Lease (Form P) for every residential tenancy. Download it directly from Service Nova Scotia. If the landlord uses their own form, the agreement is still valid — but every Statutory Condition of the Act applies automatically, regardless of what the lease says. The tenant can also demand a Form P version.

The Statutory Conditions — the heart of NS tenancy law

Eight Statutory Conditions are baked into every NS residential lease, found in the Schedule to the Act. They cannot be waived or contracted out of. In summary:

• 1. Condition of premises. The landlord must keep the premises in a good state of repair and fit for habitation, complying with all health, safety, and housing standards.
• 2. Services. The landlord must not unreasonably withhold services included with the tenancy.
• 3. Good behaviour. Both parties must not interfere with the rights of the other or other tenants.
• 4. Obligation of the tenant. The tenant must keep the premises clean and not damage them.
• 5. Subletting premises. The tenant may sublet with the landlord's consent, which can't be unreasonably withheld.
• 6. Entry of premises. The landlord may enter only with 24 hours' written notice (and only between 9 a.m. and 9 p.m.), with tenant consent, or in emergency.
• 7. Entry doors. Neither party may change locks without the other's consent.
• 8. Late payment penalty. No penalty can be charged beyond what the regulations allow.

Who the RTA applies to

• Apartments, houses, condos, basement suites in NS
• Most rooming houses (with limited shared-facility exceptions)
• Mobile home rentals (Manufactured Home rules apply for sites)

Exemptions: tenancies where the landlord shares a kitchen or bathroom with the tenant, accommodations under 28 days, care facilities, and most non-profit co-ops.

Walkthrough of a Nova Scotia lease

Parties and premises

Full legal name of the landlord (corporate entity if applicable) and every adult tenant. Premises address with suite/parking/storage detail. Strata-corporation rules form part of the tenancy where applicable.

Term — fixed vs year-to-year vs month-to-month

Nova Scotia is the only province with a distinct year-to-year tenancy class. Fixed-term leases of one year or more automatically convert to year-to-year at the end of the term unless the tenant gives three months' notice before the term end. To end a year-to-year tenancy, either party gives three months' notice. Month-to-month tenancies require three months from the tenant and three months from the landlord (with narrower exceptions for landlord-required-for-own-use after 5+ years tenancy).

Rent

Set the rent, due day, and payment methods. Late fees must be reasonable and disclosed in the lease. The landlord must provide a receipt for cash payments on request.

Security deposit

Maximum 0.5 of one month's rent. Must be held in trust and returned within 10 days of the tenancy ending, with interest at the rate set by regulation, unless the landlord applies to the Director within that 10-day window to retain part for damages. A landlord who doesn't return the deposit and doesn't apply forfeits the right to retain it.

The Nova Scotia rent cap

Nova Scotia has a temporary rent cap of 5% per year for existing tenants — extended through 2026. The cap applies only to existing tenancies; landlords can set any rent they want for new tenants when a unit becomes vacant. Other rules:

• Four months' written notice is required before a rent increase.
• Rent can be increased only once every 12 months.
• Increases above the cap require approval by the Residential Tenancies Officer (rare).
• A lease clause pre-authorizing an above-cap increase is unenforceable while the cap is in force.

Clauses NS landlords add that don't actually work

See our Nova Scotia unenforceable clauses page. Highlights:

Ending a Nova Scotia tenancy

Tenant's notice

Three months' written notice for year-to-year or month-to-month tenancies (one week for week-to-week). For a fixed-term tenancy of less than one year, the tenancy ends on the date in the lease.

Landlord's notice

Landlords can end a tenancy only for grounds permitted by the Act:

• Non-payment of rent (15-day notice, or 7-day for repeated late payments)
• Breach of a statutory condition (15-day notice)
• End of fixed-term tenancy where the lease is less than a year
• Landlord's own use, family use, or sale to purchaser-for-own-use (3 months' notice)
• Demolition or major renovation (specific notice periods, with compensation rules)

The Director of Residential Tenancies

Disputes go to the Director of Residential Tenancies (Service Nova Scotia). The process:

1. File Form K (Application to the Director) with the filing fee.
2. The Director schedules a hearing, typically within 14–42 days.
3. Both parties present evidence; the Director issues a written order.
4. Either party can appeal to the Small Claims Court within 10 days.

Electronic signatures

Valid under the Electronic Commerce Act. The Director accepts e-signed leases as evidence. Best practice as elsewhere: timestamp, IP, audit trail.

Frequently asked questions

How much can I charge as a security deposit in NS?

Maximum 0.5 of one month's rent. Anything above is unenforceable.

Does the rent cap apply to new tenants?

No. The 5% cap applies only to existing tenancies. When a unit turns over, the landlord can set any rent for the new tenant. After the new tenant moves in, the cap then governs future increases for that tenant.

Do I have to use Form P?

Yes, by regulation. Using a private agreement doesn't void the tenancy, but the Statutory Conditions apply automatically and the tenant can demand a Form P version.

What's "year-to-year" tenancy?

A NS-specific category. Fixed-term leases of 12 months or longer that aren't ended by 3 months' tenant notice convert to year-to-year tenancies. Either party then needs three months' notice to end. Most other provinces only have fixed-term and month-to-month.

How long do I have to return the security deposit?

Ten days from the end of the tenancy. Either return it (with interest) or apply to the Director to retain part. Holding it longer without an application forfeits the right to retain.

Can I refuse pets?

Yes. No-pet clauses are enforceable. Service animals are protected under the Human Rights Act and cannot be refused.

What about late rent fees?

Must be reasonable and disclosed in the lease. Penalty clauses (e.g., $100 flat or per-day fees) are unenforceable. NSF bank fees can be passed through.

Can I evict for nonpayment of rent?

Yes — 15-day notice for the first occurrence, 7-day notice for repeated late payments. The tenant can remedy by paying within the notice period. After the notice expires, the landlord applies to the Director for an order.

Can I end the lease at the end of the fixed term?

Only if the fixed term is less than one year. For 12-month-plus leases, the tenancy converts to year-to-year automatically; you need three months' notice with proper grounds to end it.

What if my tenant disputes a rent increase?

If the increase exceeds the 5% cap, it's unenforceable and the tenant doesn't need to pay it. If it's within the cap but the tenant still disputes, they can apply to the Director — but cap-compliant increases with proper 4-month notice will generally stand.