Lease Types & Terms
In Nova Scotia, a lease can be either:
Written: This lease is a written contract and cannot be modified orally, only in writing. The most common form of written lease is the Standard Form of Lease.
Unwritten: This lease is a verbal agreement. Legally, a verbal lease gives you the same rights as if you signed a month-to-month, written, Standard Form of Lease.
The term of a lease refers to how often a lease is renewed. There are two lease terms in Nova Scotia: Periodic and Fixed Term Leases. Each with their own requirements and obligations for landlords and tenants.
Term Length
Year-to-year
Month-to-month
Week-to-week
Any
Category
Periodic
Periodic
Periodic
Fixed Term
Renewal Period
Annually
Monthly
Weekly
Never
Notice Required to Not Renew
3 months
1 month
1 week
None
Periodic leases renew automatically at the end of the renewal period unless the tenant gives the landlord proper notice that they will not renew the lease, or the landlord wins an eviction order. See more on ending a tenancy here.
Tenants on a year-to-year lease can switch to a month-to-month term by giving a Form DR1 to the landlord 3 months before the date of renewal (“anniversary date”). Even if you give notice sooner, the lease only becomes month-to-month on the anniversary date.
Fixed term leases can be any length and legally end on the date written in the lease. Tenants have no right or obligation to stay in the unit after the term ends. For more on Fixed Term Leases, read here.
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Many landlords now sign one-year fixed term leases instead of a year-to-year periodic lease, and have tenants sign a new lease every year. Periodic leases give tenants rights under the law, like automatic renewal and protection from unfair eviction. Fixed term leases remove a lot of these protections. Landlords also use fixed term leases as “trial leases” to discriminate against people based on their perceived ability to be a good tenant.
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The term of a lease is given in Section 8 of the Standard Form of Lease. Always check the lease term when signing so you know what you’re getting in to.
It’s always better to have a written periodic lease than an unwritten one. Get everything in writing before you send someone rent or move in somewhere.
If you are on a periodic lease, do not sign another lease. Landlords often pressure tenants on periodic leases into signing fixed term leases. Tenants on periodic leases living in the same unit do not need to sign another lease for any reason (even if there’s a new landlord).
Ultimately, until the government takes action to close the fixed term lease loophole there is very little tenants can do. The reality of the housing crisis means tenants are forced to decide between finding a place to live or signing away their rights. The best way to fight an unfair law is to organize against it. More information on tenant organizing here.
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When no lease is signed and a standard form lease is assumed, the lease term is deemed month-to-month. Even if the rental application claimed to offer a year-to-year lease. (Collins v. Cap Reit LP, 2013 NSSM 61)
Verbal changes to written contracts (like agreeing to pay a lower rent than is set out in the lease) are not enforceable unless the landlord explicitly says they will not enforce their rights as written. (Evans v. Lidstone, 2017 NSSM 36)
There is no need to give notice at the end of a fixed term lease: the lease will simply end on the last day of the term. (C.S. v. Black, 2013 NSSM 62)
