Renovictions & Demovictions
A “renoviction” is a way to refer to an eviction to do major repairs or renovations. A “demoviction” is an eviction to demolish the building.
It’s no longer entirely up to a landlord to decide whether repairs or renovations are so extensive that they need a tenant to leave the unit. They need either the tenant or Residential Tenancies to agree as well.
Forms
Form DR5: Agreement to Terminate for Demolition, Repairs, or Renovations
This form is a mutual agreement between a landlord and tenant for a tenant to move out on the date specified. It is essentially a template settlement agreement.
Form J: Application to Director
Generalized request form for the Director of Residential Tenancies. In this case, for an Eviction Order.
Timeline
A Form DR5 typically begins the renoviction process. This can be served at any point, but the date the landlord is requesting the tenant move out must be 3-12 months in the future.
If a tenant signs a DR5, they can move out of the unit at any point before the deadline with 10 days’ notice to the landlord.
Tenants can challenge the renoviction by filing a Form J. If they do, a Residential Tenancies Officer will set a hearing date that the landlord and tenant can both attend to argue their case.
If an Eviction Order is granted, the tenant must move out on the date specified in the Order (unless they appeal to Small Claims, more on this in Disputes & Resolutions). This date is set by the Residential Tenancy Officer and can vary depending on their ruling or your situation.
Hearing Process
If a tenant signs a Form DR5, they are agreeing to a settlement and are obligated to move out on the date specified. Landlords are required to use the Form DR5 as a settlement agreement, they cannot use their own form or use another means of getting a tenant to agree to move out.
If a tenant does not challenge the Notice or sign a DR5 and agree to move out, the landlord must file for an Eviction Order and serve the tenant a Form J to inform them of the hearing date.
At a hearing for a renoviction, a landlord must prove they have all the necessary permits and approvals in place in order to do the renovations. They must also justify that they need the unit vacant “in good faith”. The definition of “good faith” is not set in stone, and it’s often up to the Residential Tenancies Officer at the time of the hearing.
Regardless of whether the tenant signs a DR5 or is served an Eviction Order, the landlord must give the tenant one of the following:
If the building is 4 or more units: 3 months’ rent or 3 free months’ rent in lieu of cash.
If the building is 3 units or less: 1 months’ rent or 1 free month’s rent in lieu of cash.
If a landlord doesn’t follow these requirements, tenants can be awarded other compensation. These can be one or all of the following:
Moving expenses
Any additional costs, to a maximum of 1 month’s rent
The difference between the tenant’s old rent and the rent in their new apartment for up to a year (e.g. if you pay $500/month and move to an apartment that costs $1500/month, your old landlord could be ordered to pay you up to $12,000)
There is no one test to see if the needed renovations are so extensive that the tenant needs to move. However, the HRM’s website has a list of small projects and repairs that do not require a building permit (and without a building permit, are then unable to move forward to an eviction). This may be different if you live outside of the HRM.
From the HRM’s website: Small residential projects and repairs that do not require a building permit include:
Replacing cabinets, shelving or flooring
Carry out non-structural maintenance and minor repairs of your home
Installation of additional insulation
Replacing a furnace, boiler, air-conditioning unit or heat pump
Replacing roofing or cladding with similar materials
Replacement of windows or doors when there is no change to the size and location.(note: changes to existing bedroom windows should consider egress requirements)
Replacing plumbing fixtures
For more information, you can reference the city’s Renovation Guide.
Previous Legal Decisions
The rules around renovations and repairs also include demolitions, and landlords must follow this process if they want to “demovict” a tenant. (Bluenose Inn and Suites v. McGuire, 2024 NSSC 101)
A landlord can seek an Eviction Order for demolition even if they intend to leave a building empty for a period of time before demolishing it. (Bluenose Inn and Suites v. McGuire, 2024 NSSC 101)
Renovations do not need to be required in order for a landlord to renovict a tenant. It’s enough for a landlord to simply want to do extensive renovations that require the unit to be vacant. (Fife Holdings Limited v. Van den Eynden, 2023 NSSC 302)
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Many landlords refuse to do repairs and renovations to units while a tenant is living there because they know if the conditions become poor enough the tenant will get frustrated and move out. Or they can justify doing extensive renovations as a result of their neglect.
Many other landlords will try to pressure tenants into signing the DR5, or simply use fixed term leases as a way of getting around these legal protections.
Some landlords will also try to renovict for minor renovations and repairs as a way of getting tenants to leave the unit.
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If you think your renoviction/demoviction is bogus, challenge it at Residential Tenancies. Data from the tenancy program shows that when tenants challenge their renoviction at a hearing, they often win.
If you notice repair issues in your unit, always inform the landlord and ask them to do repairs in writing.
Take action over repairs and maintenance issues proactively, don’t wait until you’re fighting a renoviction to go to Residential Tenancies.
Tenants can check to see if a landlord has gotten the building permits required by law by checking their city’s website. In the HRM, you can look whether or not there is an active building permit for your address (and the reason for requesting a permit) on the HRM’s Open Data site by searching PPL&C Building Permits.
Landlords not renewing the fixed term leases in the building all at once is usually a sign that they are trying to empty the building to renovict. Keep in touch with neighbours and be proactive in documenting changes in the building.
