Fillable Printable Nova Scotia Standard Form of Lease

Nova Scotia Standard Form of Lease

Guide to

Form P Standard Form of Lease

(Residential Tenancies Act, R.S.N.S. 1989, c. 401)

What are these forms for?

How to complete this form?

Use these forms to show the terms that must be part of any lease signed in Nova Scotia. The lease a

landlord uses may look different, but must contain all the items shown here. If any of the items are not

part of the lease you sign, they apply anyway.

A landlord may attach a schedule or appendix showing rules for the property. The rules must:

• Apply to all tenants equally

• Help to ensure that services and facilities are equally available to all tenants

• Help to keep the building and its occupants safe and free of damage.

Both the tenant and the landlord must have a copy of the signed lease. The landlord must give the

tenant a copy within 10 days of signing.

Parties

This section identifies who is signing the lease. It is important to have this information in case one of the

parties needs to make an Application to Director later. Fill it out as completely as possible.

Occupants

All adults who will be living in a rental unit should sign the lease as tenants. In some cases, the tenant may

wish to have someone live with them who will not be responsible for the lease. List the names of these

persons here. If someone starts to live with the tenant after the lease is signed, it is a good idea to add them

to the occupants section.

Type of property

This could be an apartment, house, manufactured home space, etc.

Premises

Give the complete civic address of the rental unit. If there is a PO box for the unit, provide it below.

It is a good idea to have more than one telephone number for the tenant. The parties may also wish to share

email information – but be aware that email can not be used to formally serve documents like a Notice to Quit

(the form you use to leave an apartment) or an Application to Director (the form you use to ask for dispute

resolution).

Emergency contact

The tenant should provide an emergency contact. It is ideal if the emergency contact is local, but this is not

required.

Property manager or agent

If someone manages the building on behalf of the landlord, that information should go here. Make sure the

information is complete.

If there is a building superintendent, provide this information also.

Who to serve

This section is very important. It lets the tenant know who to formally serve with documents like a Notice to

Quit (the form used by a tenant to leave an apartment) or an Application to Director, (the form you use to ask

for dispute resolution).

Guide to • Form P Standard Form of Lease

Lease type

Two kinds of leases can be used – most often, a lease is periodic, which means that it renews automatically

after a set period – a week, month, or year – until either the landlord or the tenant gives formal notice that

they want to end it.

Sometimes landlords and tenants use a fixed-term lease. These leases begin and end on a specific day and

the tenant must leave on that last day. The landlord and tenant can negotiate to extend this lease if they wish

by making a written arrangement.

Complete whichever of these sections that applies to the arrangement you are making.

Public housing

If this lease applies to a rental unit that is part of a public housing program, the lease may also include rules

and requirements for that program. These will be attached to this lease in a schedule or appendix.

If the rules for the program include a formula for setting the rent according to the tenant’s income, some of

the rules about rent increases shown in this lease do not apply.

Because there may be rules and requirements that are specific to the original tenant, tenants in a public

housing program may not sub-let the rental unit. If the tenant needs to leave the space, they should speak

directly to the person who handles their affairs with the public housing program.

Rent

This section shows how much the rent is for the unit and how often it should be paid. The landlord should also

mark what methods of payment they will accept, and who the tenant should give it to.

Rent increases

The date that the lease is entered into is referred to as the anniversary date. The landlord may raise the rent on

the anniversary date in any given year, as long as it is at least 12 months after the tenant has signed the lease.

However, in a land-lease community or co-operative housing, a landlord may choose a date that is the rental

increase anniversary date for all tenants.

If the landlord plans to raise the rent, they must give proper notice to the tenant, before the tenant’s

anniversary date.

• In a month-to-month or year-to-year lease – 4 months

• In a week-to-week lease – 8 weeks

• In a lease that applies to a manufactured home space – 7 months.

As above, in a public housing program, these deadlines and rules may not apply, and the tenant should refer

to the schedule or appendix given to them by the public housing program.

Rental incentives

This section is optional. If the landlord is giving the tenant a discount or special benefit while they live in the

rental unit, the landlord should list it here.

This benefit must continue to be provided for the whole lease. If a tenant sublets the unit with the landlord’s

permission or leaves the unit after giving proper notice as given in the Residential Tenancies Act, the tenant

does not need to repay, return or compensate the landlord for this benefit.

Rent includes

This section should show what appliances, utilities, or other services are part of the lease.

Tenant: Read this section carefully and make sure you understand what is included and what is not. Make sure

that what is written is the same as what you verbally agreed to.

Landlord: If you have listed something in this section, you must continue to provide it for the entire lease. If

you want to stop providing something listed in this section, it is considered to be a rent increase, and you must

give the correct notice shown in the “Rental Increase” section.

Guide to • Form P Standard Form of Lease

Tenant responsibilities and obligations

This section should list all tasks or fees the tenant will be responsible for.

Tenant: Read this section carefully and make sure you are prepared to take responsibility for anything that is

listed.

Security deposit

A security deposit is a sum of money held by the landlord as insurance against damage or unpaid rent. At the

end of the lease, the landlord has three options:

• Return the security deposit within 10 days of the last day of the lease

• Make a written agreement with the tenant that the landlord will keep some or all of the deposit

• File a claim with the Residential Tenancies Program within 10 days of the last day of the lease, claiming

some or all of the deposit against damages.

A landlord may ask for up to one-half of one month’s rent as a security deposit. The landlord must deposit the

security deposit in a trust account. If there is a dispute, the Residential Tenancies Program may ask for proof

that this deposit was made.

It is a good idea for a tenant who is ending a lease to give the landlord a forwarding address so that the

landlord can return the deposit. The landlord may prefer that the tenant collect the deposit from their offices –

it’s a good idea to ask.

Inspection

The Residential Tenancies Program recommends that all landlords and tenants do an inspection of the unit

when the tenant moves in, and when the tenant moves out. The program provides a written inspection report

that the landlord and tenant can use.

Attach the inspection report to the lease.

Tenants: If a landlord does not wish to do an inspection, it is a good idea to do one on your own. Use the

form provided by the program, or something similar. It’s a good idea to have a witness sign the inspection

report, take pictures, or both.

Statutory conditions and reasonable rules

The Residential Tenancies Act includes a list of statutory conditions (a kind of rule) that every landlord and

tenant must agree to. A landlord can also include rules to a lease (see introduction).

If the landlord has rules that go with a lease, the tenant should read them carefully and initial the lease to

show that they have received them.

Rental arrears

A tenant must pay the rent on time, as shown in the “Rent” section. If the tenant does not pay the rent on

time, the landlord may require them to leave.

If the rent is month-to-month, year-to-year, or fixed term and the rent is 15 days late:

1. The landlord must formally serve (in person or by registered mail) the tenant with

a Notice to Quit.

2. The tenant may do one of the following:

a. Pay the rent that they owe within 15 days, and stay.

b. Make an Application to Director to argue that the Notice to Quit is not valid.

c. Leave the premises. The tenant is still financially reponsible for rental arrears and any damages to the

unit.

3. If the tenant does not do any of these things, after 15 days, the landlord can make an Application to

Director using Form K. There will be no hearing.

4. The tenant will receive an Order of the Director that may require them to leave the rental unit. The tenant

will still be responsible for the rent they owe.

Guide to • Form P Standard Form of Lease

What do I do with the completed forms?

The landlord and each tenant should keep a signed copy of this lease.

If the landlord does not provide a copy to the tenant at the time the lease is signed,

the landlord must do so within 10 days of that date.

Which forms do I need?

The landlord must provide the tenants with the following items,

and the tenants must initial that they have received them.

1 A

copy of the Residential Tenancies Act within 10 days of

(a) The date specified in the lease as the start of the tenancy;

(b) Signing the lease;

(d) Taking possession of or occupying the premises.

2 A copy of the signed lease (within 10 days of when the lease is signed)

3 Any rules or schedules mentioned earlier in this document (when the lease is signed)

Tenant’s Notice to Quit

A tenant can leave a lease at the end of a lease period (week, month, or year, depending on the lease) or at

the end of a fixed term. Because a lease automatically renews, the tenant must give notice that they do not

wish to stay. The tenant must formally serve (in person or by registered mail) the landlord, using Form C.

The table shows how much notice the tenant must give the landlord.

Landlord’s Notice to Quit

A periodic lease automatically renews at the end of the term unless a tenant gives notice (see above). However,

a landlord can give notice to quit at any time if:

• The tenant does not pay the rent

• The tenant does not comply with Statutory Conditions 3, 4, and 5 or Statutory Conditoin 5 for land-

lease communitites

• The tenant has sublet or assigned the rental unit without permission.

A landlord may also make an Application to Director to have a tenant leave for other reasons.

General

This is a legal clause that explains that the lease is binding on the landlord and tenant. If a landlord or tenant

should die or otherwise not be able to handle their affairs, the lease is also binding on the person they have

designated to do so.

Tenants responsible for complying with terms and conditions

This lease applies equally to each tenant who has signed it. The landlord may take action against one tenant or

all of them if there is a dispute.

Tenants – giving notice

This section provides more information about how to end a lease. For greater certainty, the landlord should fill

in the date that is the last day in any given year that the tenant can give notice that they plan to leave a year-

to-year lease.

Sign and date

The landlord and all tenants must date and sign the lease.

Form P

Standard Form of Lease

(Residential Tenancies Act, R.S.N.S. 1989, c. 401)

Parties

This agreement is made in duplicate between

Landlord (company or first name, initial, last name)

Street number and name (civic address) Apt # City or town

Postal code

Phone (home)

Phone (business / other)

and

Tenant (first name, initial, last name)

Occupants

Other adults or children who will occupy premises (first name, initial, last name)

Only those tenants and occupants named are allowed to live in the premises without written consent of the landlord.

3 Premises

The landlord will rent to the tenant and the tenant will rent from the landlord the premises at

Street number and name (civic address) Apt # City or town

Postal code

Type of property (specify)

Tenant’s mailing address (P.O. box if applicable) Postal code

Tenant’s phone (home) Tenant’s phone ( business / other)

Form P Standard Form of Lease

5 Property manager or agent

The current agent or property manager for the landlord is (first name, initial, last name)

Street number and name (civic address) Apt # City or town

Postal code

Phone (home)

Phone (work)

Building superintendent

The current superintendent for the building is (first name, initial, last name)

Street number and name (civic address) Apt # City or town

Postal code

Phone (home)

Phone (work)

Who to serve

All notices to quit or service of documents to the landlord must be in writing and served in person,

by registered mail or by any other means authorized by the Director to

the landlord/owner (and/or)

the agent or property manager

the superintendent

at the above noted addresses.

4 Emergency contact

Next of kin (first name, initial, last name)

Emergency contact phone

Next of kin address (Street number and name ) Apt # City or town

Postal code

Phone (home) Phone (work)

Form P Standard Form of Lease

8 Lease type (complete either 8A for periodic lease or 8B for fixed-term lease, but not both)

8A Periodic lease

The tenancy is to start on the (date) day of (month) ,

and this is the anniversary date as defined in the Act.

The term is to run (check one)

year-to-year

month-to-month

week-to-week

and the tenancy continues until the landlord or the tenant gives proper notice to terminate.

8B Fixed-term lease

The tenancy is for a fixed-term, beginning on

the (date) day of (month) ,

and ending the (date) day of (month) , .

Any continuation of the tenancy at the end of a fixed-term requires the written consent of the

landlord. At the end of the fixed-term, the tenancy is finished and the tenant must vacate.

Public housing

(check if applicable)

The residential premises are administered under a public housing program as defined in clause 2(fa) of the

Residential Tenancies Act. Program eligibility requirements and rules relating to changes in rent are contained

in Schedule

, attached.

• Where if a landlord administers a public housing program, a tenant shall provide income verification in

the form required by the public housing program.

• Tenants in a public housing program are not permitted to sublet the premises.

Rent

The tenant will pay rent of

per

week

month

cash

pre-authorized automatic withdrawal

post-dated cheques

cheque

other (specify)

Rent is due on the

day of each month/week and

is payable to

A late payment fee, if any, will be charged at no more than 1% per month of the monthly rental.

Form P Standard Form of Lease

11 Rent increases

The landlord shall not increase the rent under this lease for 12 months.

The rent may be increased on the anniversary date only.

The landlord must give a written notice to the tenant of an increase:

(a) 4 months before the anniversary date of a month-to-month or year-to-year lease;

(b) 8 weeks before the anniversary date of a week-to-week lease;

Note: The landlord may select a date to be the annual rent increase date for all manufactured home spaces

owned or managed by the landlord. If an annual rent increase date is used, notice must be given 7 months

before this date. The landlord must serve the notice of rent increase on the tenants of the land-lease

community.

If the landlord administers a public housing program and the amount of the tenant’s rent is increased

solely on the basis of an increase in income, the restrictions on frequency of rental increases and

notice requirements do not apply.

Rental incentive (if any)

In signing this lease, the landlord grants to the tenant the following incentives,

which will remain in effect for the duration of the lease:

The tenant is not required to repay or return any rental incentive if he or she terminates the lease

before the end of the term in accordance with the Residential Tenancies Act or sublets or assigns the

residential premises to a tenant with the consent of the landlord.

Form P Standard Form of Lease

13 Rent includes

The rent includes:

Appliances Utilities Other (specify)

stove washer & dryer (coin operated) lawn care

refrigerator cable service snow removal

washer & dryer heat garbage removal

dishwasher water

furniture hot water

electricity

parking: # of spaces ; space #

facilities to separate recyclables, organics and refuse

The landlord is responsible for providing these services and the discontinuance of a service is deemed

to be a rental increase.

The tenant is responsible for the following

lawn care

late payment charges

snow removal

returned cheque charges not to exceed

garbage removal

parking @

/month for spaces

tenant insurance

locked out charges/keys not to exceed

separation of recyclables, organics and refuse

assignment/sublet expenses incurred (not to exceed $75)

Additional obligations

Security deposit

A security deposit is not required.

A security deposit of

(not to exceed 1/2 month’s rent)

will be deposited for the tenant by the landlord at (financial institution/branch)

in a trust account within 3 days of its receipt, and will be returned to the tenant with interest

within 10 days of the termination of this lease. The landlord shall file a claim for unpaid rent

and/or damages within 10 days of the termination of the lease if the deposit is not returned.

Form P Standard Form of Lease

Inspection

An inspection of the premises and the preparation of a written inspection report signed by the

landlord and tenant within 7 days of the start of the tenancy and within 7 days of the end of the

tenancy is recommended. If a report is prepared it forms part of the lease.

An inspection report is attached to the lease.

An inspection report is not attached.

Statutory conditions and reasonable rules

The landlord and tenant promise to comply with the statutory conditions set out in Schedule A.

The rules of the building are attached, hereto

Yes

see Schedule

Rental arrears

In a fixed-term, year-to-year or month-to-month tenancy, if a tenant is in arrears in paying the rent

for 15 days or more, the landlord may give 15 days’ written Notice to Quit the premises using Form D.

Within 15 days after receiving the Notice to Quit, the tenant may

(a) pay to the landlord the rent that is in arrears, and on payment of that rent the Notice to Quit is void and

of no effect and this lease continues; or

(b) apply to the Director for an order setting aside the Notice to Quit.

If the tenant does not pay the rental arrears or make an Application to the Director within 15 days after receiving

the Notice to Quit, the tenancy is terminated and the tenant must vacate the premises by the effective date of

the notice.

In a week-to-week tenancy, if a tenant is in arrears in paying the rent for 7 days or more, the landlord may give

the tenant 7 days’ written notice to quit the premises.

Tenant’s notice to quit (except fixed-term)

All notices to quit for a tenancy other than a fixed-term must be given

by the tenant in writing in accordance with the following table

Type of Tenancy Notice Period

year-to-year .......................................at least 3 full months before the end of any year

(a year for this purpose begins on the anniversary date)

month-to-month ...............................at least 1 full month before the end of any month

week-to-week ...................................at least 1 full week before the end of any week

manufactured home space ................at least 1 full month before the end of the tenancy

Form P Standard Form of Lease

Landlord’s notice to quit

A landlord may not give a notice to quit except in accordance with Section 10 of the Residential Tenancies Act.

General

This lease is for the benefit of and is binding on the landlord and tenant and their heirs, executors, administrators

and assigns.

Tenants responsible for complying with terms and conditions

Any or all tenants signing this lease take full responsibility for complying with all of its terms and conditions.

Attachments (initials required)

1 At least one tenant has received a copy of the Act and regulations within 10 days

of the earliest of:

(a) the date specified in the lease as the start of the tenancy;

(b) signing the lease;

(d) taking possession of or occupying the premises.

2 All tenants have received a copy of the signed lease

within 10 days of the date of the signing of the lease.

3 All tenants have read, signed and received the rules and

attachments to this lease.