‘It sucks’: This Nova Scotia couple reversed their illegal ‘rent-in-advance’ payment — then their landlord threatened to evict them. How to protect yourself in the rental market

No meaningingful consequence for landlords

In Nova Scotia, the RTA states that a tenant cannot be required to pay rent in advance as terms of a lease, different from provinces like Ontario where landlords can ask for the first and last month’s rent in advance.

Any money taken before the lease is signed is considered a security deposit, so Cyr and his boyfriend were under the impression that was included in the $2,400 amount they paid upfront. A security deposit can be up to half of one month’s rent.

“It sucks not being able to settle down. Like we barely even have all of our stuff moved in because we don’t even know what’s going to happen,” Cyr told Global News.

When the additional amount came out of their account, Cyr went to Dal Legal Aid for help.

Sydney Blum, a community legal worker from Dal Legal Aid, told Global News, “The only reason he got that money back is because he went to the bank and ordered it returned. If it were up to the landlord, I’m sure the money would still be in their bank account,” and said that there’s not much to stop repeat offenders since there aren’t meaningful consequences for landlords who do this.

So how do renters safeguard against predatory landlords?

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Protect yourself as a renter

In today’s tight housing market, it’s more important than ever to make sure you understand your rights as a renter. The Nova Scotia Human Rights Code stipulates that landlords can’t discriminate against tenants based on their race, religion, gender, sexuality and other protected categories.

Protect yourself by making sure you do the following:

• Never rent sight-unseen
• Don’t deal in cash
• Ask for a written lease
• Watch out for too-good-to-be-true rates

After taking the necessary precautions, if you still run into issues with your landlord, review the lease and the RTA and try to resolve the issue directly.

If that fails, there is a Residential Tenancies Program available to help those who can’t resolve a dispute on their own.

As for Cyr and his boyfriend, they want to stay in the existing apartment but are looking for another option in a tough rental market.

Global News reached out to the rental company but didn’t receive a response.

“I think that too many people are getting away with this stuff,” Cyr told Global News, “It’s just really disheartening to see them getting away with all this, honestly.

Sources

1. Global News: Requiring rent in advance is illegal in Nova Scotia. But it keeps happening (Oct. 31, 2024)

2. Novascotia.ca: Rent in Advance Policy: Residential Tenancies

3. Novascotia.ca: Residential Tenancies Guides

4. Government of Nova Scotia: Human Rights Code

5. Novascotia.ca: Residential Tenancies Program