The RTA says that a landlord can evict a tenant for themselves or a family member to move in if they require the unit “in good faith”.

A family member is a spouse, child of the landlord or the landlord’s spouse, and a parent or legal guardian of the landlord or the landlord’s spouse.

If an Eviction Order is granted, a tenant can be given up to 12 months’ notice to move out. This timeline is up to the Residential Tenancies Officer to decide.

It is common for landlords to try to evict people for themselves or a family member to move into their unit. If you suspect this is being done unlawfully, please see our Resources for template letters to send to your landlord asserting your rights.

Previous Legal Decisions:

• When a landlord has other suitable properties/units to move in to, they need to prove why they need a specific tenant’s unit for their own use. (Joyce v. Henderson, 2023 NSSM 91)

• An occasional visit or occupancy by the landlord or their family doesn’t constitute “moving in” and is not enough to evict a tenant. (McHugh v. Mannette, 2021 NSSM 18)

• If a corporation small and closely held (e.g. a family run business), the corporate landlord can claim a unit for personal use as long as they need it “in good faith”. (D. Jockel Holdings Ltd. v. Vardigans, 2023 NSSM 16)

Note: this section is still being updated to reflect the recent Supreme Court decision, Simmons v Berglund.

Typically, this refers to situations where a unit is uninhabitable because of something somewhat outside the landlord or tenants’ control. This includes natural disasters, like a tree falling through the unit, a flood, major storm damage to a unit, and fire damage.

When a unit becomes uninhabitable because of the conditions of the unit, like lack of repairs or a tenant’s uncleanliness, this falls under “Statutory Conditions” and would require the process outlined here.

Previous Legal Decisions:

• If a unit is uninhabitable to a tenant because of accessibility or other personal concerns but is otherwise livable, the tenancy cannot be terminated under this clause. (Allen v. Southwest Properties, 2017 NSSM 34)

Note: This section is in the process of being updated to reflect the legislative ammendments acclaimed in April 2025.

These are also called “bad behaviour evictions”. If another tenant is behaving in a way that makes tenants feel unsafe, the landlord is required to take action.

For “bad behaviour evictions”, a landlord only needs to serve 5 days’ notice to the tenant to move out. Landlords and tenants are always encouraged to talk about behaviour issues before resorting to eviction.

Previous Legal Decisions

• Tenant evicted for posing a safety/security risk are liable for the rest of their lease and rent as if they had unilaterally decided to move out. Landlords are still required to look for another tenant during this time. (Framark Investments v. Hodge, 2007 NSSM 15)

• “Bad behaviour” doesn’t just include threats or physical harm/property damage, it also includes obscene language, racist comments, or any other rude conduct or behaviour that happens on a repeated basis. (Colley v. Metro Regional Housing Authority, 2019 NSSM 24)

• Using aggressive language or body language - and calling the police for matters that are possibly a nuisance to the police or others - does not necessarily violate the conditions for good behaviour. (Asselstine v. Drake, 2015 NSSM 14)

• Mental health issues or disabilities of tenants being evicted for bad behaviour have to be considered, especially when symptoms impact the tenants’ ability to behave well and can be managed with medication or treatment. (Landlord DL v. Tenant RM, 2020 NSSM 25)

• When disability or mental health impacts a tenants’ behaviour, a landlord is only required to accommodate the to the point of undue hardship. For example, landlords have a duty to the other tenants and staff which may override the obligations they owe to the tenant who is accused of behaving badly.  Decisions around eviction will consider whether the landlord, tenant, and others can work together to address the issues. (Lindsay v. Metropolitan Regional Housing Authority, 2019 NSSM 61)

If a landlord declares bankruptcy or the property is foreclosed, it doesn’t automatically mean a tenant has to leave. Property ownership (and their lease and tenancy) are transferred to the Trustee in Bankruptcy. The new owner has all the same rights and responsibilities as the previous landlord.

If a property is foreclosed, the tenants can be served a Notice to Quit by the foreclosing agent with 3 months’ notice or until the end of their lease term (if fixed term) – whichever is first.

This applies to cases where a tenant is living in the unit as a part of their employment agreement (typically, a superintendent, property manager, or someone renting from their worksite) and their employment is terminated (or the employee quits).

Previous Legal Decisions:

• If someone is living in a unit as a tenant and they become superintendent, terminating the employment doesn’t necessarily mean that the tenancy is terminated unless there is an agreement between the parties to also terminate the tenancy as well. If the tenancy does not terminate along with their employment as a super, any discount on the rent the tenant enjoyed as part of their employment would end when their employment is terminated. (Hart v. 137, 145, 149 Walker Residences Corp., 2023 NSSM 25)