The Residential Tenancies Act for Condominium Corporations – A Guide

Amendments to the Condominium Act allow condominium corporations, in very limited circumstances, to take on the role of the landlord in a residential tenancies hearing under the Residential Tenancies Act if a tenant of a unit owner is not complying with the condominium corporation's rules set out in the declaration, bylaws, or common element rules.

When can the corporation step in?

When a condominium unit is rented out by the owner, the owner of the unit is the landlord and responsible for the behaviour of the tenant. The landlord (unit owner) is responsible for making the tenant aware of the rules that the tenant will need to follow when they live in the condominium unit. Occasionally there are circumstances where a landlord (unit owner) is unwilling or unable to make sure that their tenant follows the rules. If a condominium corporation has tried unsuccessfully to have the tenant comply with the condominium rules and the owner is unwilling or unable to take action against the tenant, the condominium corporation may consider following the new residential tenancies process.

What will the new residential tenancies process accomplish?

Under the new process, if all steps are followed, the condominium corporation can apply for a residential tenancies order evicting the tenant from the unit. This order will require the tenant to move out. If the tenant does not leave (or file an appeal at the Small Claims Court), the condominium corporation may have the order made into and enforced as an order of the Small Claims Court.

How does a condominium corporation start this process?

1. If you are the authorized representative of the condominium corporation, you can undertake the process on its behalf.
   
2. Complete a notice in Form 25. You may download it from http://www.smartconsumers.ca/ under the "Condominiums" tab or get a copy from an Access Nova Scotia office. Provide specific details about the breach of rules.
   a. Deliver a copy of the completed Form 25 to the condominium unit owner and the tenant.
   b. You must deliver a copy to the unit owner in person or by regular mail to the address for the owner, which is on the records of the condominium corporation.
   c. You must deliver a copy to the tenant in person or by leaving it in a secure place at the unit.
   
3. Give the parties 15 days to resolve the issue. If within that time the issue is resolved to your satisfaction, you do not need to take more action.
   
4. Sixteen days after you have delivered the completed copy of Form 25 to both the tenant and the owner, you may start the application under the residential tenancies process.
   
5. Separate affidavits of service must be completed and properly witnessed on a copy of the completed Form 25 stating when and how a copy of the form was delivered to the owner and the tenant.
   
6. Bring a copy of the completed Form 25 and the affidavits of service to the residential tenancies staff at an Access Nova Scotia office. If needed, the person(s) who delivered the copies of Form 25 may have their affidavits of service properly witnessed by a staff member at the Access Nova Scotia office.
   
7. You are now entitled to file a residential tenancies application asking for the eviction of the tenant for breaching the condominium rules.
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8. You must complete an Application to Director form naming the condominium corporation as the applicant and both the tenant and the owner as the respondents. You can download this form here at  or get a copy from an Access Nova Scotia office. Choose the option "Termination of tenancy."
   
9. While you can complete the form before you come to the office, you must make the application in person at the Access Nova Scotia office.You can find more information on this process in the residential tenancies guides called Exploring Your Options for Resolving Disputes and Mediation and Hearings. These guides can be found online at http://www.gov.ns.ca/snsmr/access/land/residential-tenancies/guides.asp

What is an Application to Director?

An Application to Director is a form that you complete to request a hearing with a Residential Tenancy Officer. The forms are available online or at any Access Nova Scotia Centres in the province. The Officer makes decisions about disputes between landlords and tenants. Filing an Application does not always mean you'll havea hearing. A Residential Tenancy Officer will always try to mediate first. 

What happens if the one of the parties does not attend the hearing?

The officer will check to ensure the respondent has been served with a copy of the application to director. If the respondent has been served and does not attend the hearing or send representation, the officer will proceed with the hearing and hear the evidence presented by the applicant. If the applicant has does not attend the hearing or send representation, the officer will dismiss the application as the party filing the application did not attend the hearing.

How do I find out what was decided?

The officer who has heard the application to director is responsible to prepare a director's order (decision) based on the evidence presented at the hearing. The officer usually will have their director's order ready within seven days of the date of the hearing but has up to 14 days to do so.

Can the director's order be appealed?

Yes, either the applicant, respondent, or both can file an appeal to the Small Claims Court within ten days from the signing date of the director's order. The appeal is filed in the Small Claims Court that serves your area. The party filing the appeal is responsible to personally serve the other party and the Director of Residential Tenancies, and swear out an affidavit that it was done.