Getting your Rent Back

In Nova Scotia, if a landlord violates the conditions of the RTA for a prolonged period of time, tenants can be eligible to get some of their rent money back in compensation (a “rent abatement”).

Reasons for a rent abatement can include:

  • Poor conditions of maintenance leading to health & safety issues

  • Withdrawal of services included in the lease (including heat and water)

  • Overpayment of rent (i.e. an increase above the rent cap)

More information on reasons for a rent abatement are outlined below under Previous Legal Decisions. To apply for a rent abatement, you must file a Form J with residential tenancies. For more information on this process, see Disputes & Resolutions.

    • Rent abatements for serious conditions of premises violations cannot be awarded unless the landlord has been notified in writing of the maintenance that needs to be done. (Burke v. Blue Nile Homes Ltd., 2017 NSSM 60)

    • Cosmetic issues like cracks and stains don’t violate the statutory conditions, and therefore don’t justify a rent abatement.  (Finley v. Gaston Chagnon Property Ltd., 2015 NSSM 43)

    • Utility costs can be awarded along with a rent abatement (McIntyre v. Omers Realty, 2012 NSSC 35)

    • A tenant that receives a rent abatement for being unable to occupy their unit can’t also go after their landlord for the cost of alternative accommodations, because this would be double compensation. (M. v. Oxford Properties, 2011 NSSM 26)

    Reasons rent abatements have been issued in the past*:

    • No occupancy permit (Grace v Leverman, 2013 NSSM 14).

    • Diminished habitability due to mold and crumbling walls (Rockwood v. Humes, 2016 NSSM 29).

    • Failure to replace drafty windows, leading to an increase in heating costs (Murphy v Julien, 2011 NSSM 60).

    • Poor conditions of appliances (Collins v Cap Reit LP, 2013 NSSM 61).

    • Lack of consistent hot water (Rad v Anderson, 2018 NSSM 43)

    • Loss of drinkable water (Ayaz v. Rafuse, 2022 NSSM 48).

    • Potential loss of drinkable water (Harnish v. Hubley, 2018 NSSM 86).

    • Excessive noise from construction, along with multiple illegal entries from the landlord (Laritz v. Charter Real Estate Advisors Ltd., 2012 NSSM 54)

    • Loss or reduction of space entitled to the tenant in the lease, whether common space or in their unit (Wallace v. Blue Shed Consulting Inc., 2016 NSSM 57).

    • Rodents (Strategic Atlantic Ltd. v. G.M., 2018 NSSM 84)

    • Lack of internet service, if internet is a necessary utility – e.g. if a tenant works from

    * Watch out! Just because a rent abatement has been issued in the past, doesn’t mean it will be issued in your situation. Rent abatements are largely decided based on the severity of the issue and the landlord’s attempts to address it. Each case is unique, always consult a legal professional before relying on case law.

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