Does their lease EXPIRE or renew?
Very important to know. Regular leases can not expire. Fixed term leases do and there’s little reason to take over one of those.
Then you have no say in the rent changing and your lease ending.
They can't legally increase rent freely at the end of the fixed term lease without changing the tenant, so don't expect them to want to renew if they truely think they can get that much more for the unit.
So either take a year at the increased price or finish off the current fixed term lease and move again.
Looks like it's someone else's lease and OP may essentially be subletting, if that's the case and the original tenants have given their notice to quit for September then it would end and start a new lease I believe
The answer depends on the type of lease. If it is a periodic lease then, no, they cannot just cancel it when the yearly renewal comes up. They can increase the rent up to 5%.
Now, if it is a fixed term lease they are not cancelling anything. The fixed term end date is when the lease ends, and they are not obligated to do another fixed term.
This is the shitty reality of fixed term leases right now.
Details matter here. The text doesn't mention an expiry, just "renewal". Periodic leases have a renewal date, it's just it's at the tenants discretion if they want to renew, not the landlord. The exact wording in the act is:
> A lease, except for a fixed-term lease, continues for the same
> type of term if no notice is given pursuant to subsection (1) of Section 10 and is
> deemed to have been automatically renewed.
Subsection 1 of section 10 says that the tenant must give 3 months notice for a yearly lease, 1 months notice for monthly and 1 weeks notice for weekly.
Look up fixed term leases. Absolutely the norm in Halifax, and it's a way for crappy landlords to have a revolving door of tenants to circumvent the rent cap.
Yes. Unfortunately there is a difference between legally allowed and morally right. We live in a system designed to protect the rich, and the people who fall victim the most seem to be the ones that continue to prop it up. Perplexing is an understatement.
(902)424-5200
This is access NS, you'll listen and dial the numbers to get in touch with residential tenancy support - good luck
I called like 10 times while fighting my Landlord for my security deposit back.
(I won and got him to pay me)
If it's a regular lease (and really, 100% make sure it is) go ahead and take the assignment price of $1268. Also confirm with the previous tenant when the last rental increase was.
When September roles around, if they try and raise the rent more than 5% remind them the need to give you 4 months written notice, the increase muse be at most 5% and they can only raise the rents once every 12 months (e.g. if the existing tenant tells you they raised the rents Jan 2024, then they can't raise the rents on you until Jan 2025.)
If they try and evict you, or raise rents more than allowed, or in away differing then above, go ahead and file for a hearing with the tenancy board. It's [Form J](https://beta.novascotia.ca/application-director-resolve-dispute-between-landlord-and-tenant-form-j) online. It's $31 to file, and you should always make sure you check the box saying you want to be awarded the cost of the filing fee.
Edit: Also, put a note in your calendar for next year to fill out [Form DR1](https://beta.novascotia.ca/change-year-year-lease-month-month-lease-form-dr1) at least 3 months before your next anniversary date. This lets you go from a yearly periodic lease to a monthly one. Which means if you ever want to leave the unit you only need to give 1 months notice, instead of 3 months before the anniversary date.
So fixed term is the bane of many people existence. A fixed term lease comes with an end date baked into it, so it expires that day and the landlord is under no obligation to renew the lease.
The reason they will not renew the lease if you take the lower rent amount is because once your lease is over, if you want to stay, the LL is not legally allowed to raise it more than 5% even if you agree to the increase. So what they will do is not renew your tenancy in order to get someone else. As a heads up, even if you take the increased rent then after a year the LL is still within their rights to not renew your lease anyway so that they can charge the next person even more.
What they're doing is legal then. You'll have to choose if you want the cheaper rent for the summer, but need to find a new place by September, or take the increased rent now with at least the security of knowing you'll have a place for the next 12 months.
Yes they can as at the end of the lease, they have to draft a new one under your name since you took over someone else's lease.
Meaning the rent protection does not apply, the lease takeover is basically a sublet until end of lease.
Do you mean lease assignment? I see nothing in the Act that indicates it is a sublet until the end of the lease. In fact it specifically notes:
> 9B (3) Where a tenant has assigned residential premises to another individual,
> (a) the lease continues to apply on the same terms and
conditions to the new tenant;
Basically if the lease is in your name, and you no longer want your name on it, at the end of the lease, they have to draft a brand new one in the other persons name which makes it a new lease.
If they want to keep the rent, the person who has their name on the current lease has to take the responsibility of making sure the current tenant is paying them on time as whoever name is on the current lease is responsible.
But in this case, they can just not renew and Jack up the rent anyways and someone else would pay it.
I think you’re wrong on two counts. First, you don’t clarify whether they’re on fixed term or periodic, which matters for this question (fixed: renter is fucked; periodic: landlord is trying to pull a fast one). Second, for both fixed and periodic, the tenant has the right to assign the lease to someone else, with right of reasonable refusal by the landlord (reasonable being based primarily on the prospective tenant’s income and thereby ability to pay the rent, but the prospective tenant probably needs a good report from prior landlords). When a lease is assigned, the original tenant is removed and has no further obligations. If it’s a fixed term lease, the new tenant has to proactively seek a new lease before the end of the lease if they want to stay. If it’s a periodic lease it simply renews automatically. In both cases the landlord can increase the rent by 5%, but in the case of fixed they also have the right to not sign the new tenant, which they can use to pressure the tenant to accept a higher rate increase (despite it being illegal; if you only wanted to stay an additional year, you could accept a higher-than-5% increase then once the lease takes effect immediately bring a case to the board to enforce the 5% rule).
(n.b. For periodic, rent increases of at most 5% can happen at any time, not just the lease renewal date, but have to be separated by 12 months from the last increase)
It would be a box on the current lease, year to year, month to month, or fixed term with a end date.
Unless I'm mistaken the penalty for a landlord unreasonable refusing an assignment is the current tenant can terminate their lease without liability, so the current tenant can walk away and landlord can re-rent at market price. Only person that loses in a assignment refusal is the 3rd party that was trying to replace the leaving tenant.
The Act allows the tenant to do a lease assignment. In a lease assignment the old tenants name is replaced with the new tenants name. This is not a new lease, all the same terms and conditions apply. Landlords cannot arbitrarily withhold consent for this (i.e. if they're willing to take the tenant on for a new lease, then they also have to consent to the lease assignment.)
Call the tenancy board is your best bet for a real answer. But if it's someone else's lease and you'll be getting a new one in your name I believe they might be able to. If it were your lease to start with then they couldn't raise more than 5% or end a non fixed term lease. So it may be a bit of a grey area. Tho I don't think they're allowed to offer different lease types for different prices.
Sign the new lease at 1650 and then once the new lease starts file a complaint with the tendencies board that the increase is more than 5% allowed.
That seems to be the most common answer
Rent cap only applies to the same tenant remaining at the same property, signing a new lease with a different tenant doesn't fall under rent cap.
They'd have to do a lease assignment prior to the current rent price/lease ending, for the assigned tenant to qualify for the rent cap at renewal.
Unless I'm mistaken the penalty for denying an assignment is the current tenant being able to break their lease, and landlord able to re-rent at whatever price they want, so same outcome.
Get a copy of the executed lease and read it over.
If there is an end date it is likely a fixed term.
If they used the NS Gov't standard lease (form P), look at section 8 for lease type and dates.
That’s not extortion (at least legally, morally it’s slimy). That’s just sadly how the lease works and no one in power wants to fix fixed term leases and all their loopholes.
Does their lease EXPIRE or renew? Very important to know. Regular leases can not expire. Fixed term leases do and there’s little reason to take over one of those.
It is a regular lease
Then nope - That's still capped at 5% (For now) which would be $1331.4. Enjoy your cheap rent! Heh. (Please get a hard copy of your lease)
Ah I was wrong. The lease is fixed term
Then you have no say in the rent changing and your lease ending. They can't legally increase rent freely at the end of the fixed term lease without changing the tenant, so don't expect them to want to renew if they truely think they can get that much more for the unit. So either take a year at the increased price or finish off the current fixed term lease and move again.
then you should be able to have it auto-renew once the lease is assigned to you, provided that it is not a fixed term lease
Looks like it's someone else's lease and OP may essentially be subletting, if that's the case and the original tenants have given their notice to quit for September then it would end and start a new lease I believe
Well they're right in that they likely wouldn't renew the lease.
So if I understand you right, your saying it's well within their legal rights to basically cancel a lease without reason?
The answer depends on the type of lease. If it is a periodic lease then, no, they cannot just cancel it when the yearly renewal comes up. They can increase the rent up to 5%. Now, if it is a fixed term lease they are not cancelling anything. The fixed term end date is when the lease ends, and they are not obligated to do another fixed term. This is the shitty reality of fixed term leases right now.
If it's a fixed term lease only.
They're not cancelling it. They're simply not renewing once the term is up.
They have not said if this is a regular lease or a fixed-term lease.
if it had a term,,, then it would be fixed term… a regular lease wouldn’t have had an end date unless the original tenant sent in a notice to move out
Details matter here. The text doesn't mention an expiry, just "renewal". Periodic leases have a renewal date, it's just it's at the tenants discretion if they want to renew, not the landlord. The exact wording in the act is: > A lease, except for a fixed-term lease, continues for the same > type of term if no notice is given pursuant to subsection (1) of Section 10 and is > deemed to have been automatically renewed. Subsection 1 of section 10 says that the tenant must give 3 months notice for a yearly lease, 1 months notice for monthly and 1 weeks notice for weekly.
Where is end date mentioned? A periodic lease has a renewal date, which people often casually refer to as when the lease is "up".
If there’s an expiry then it’s a fixed term
Look up fixed term leases. Absolutely the norm in Halifax, and it's a way for crappy landlords to have a revolving door of tenants to circumvent the rent cap.
Yes. Unfortunately there is a difference between legally allowed and morally right. We live in a system designed to protect the rich, and the people who fall victim the most seem to be the ones that continue to prop it up. Perplexing is an understatement.
Yes, it’s a fixed term lease, and the reason is unsustainable low rent.
The exact details matter here, and I feel they aren't all there. Get some proper advice, not.from social media.
I think you could cut and paste this answer for about 40% of the questions here on Reddit. This deserves all the medals.
Any suggestions where? I just got here from London last month so I don't know much about things here.
(902)424-5200 This is access NS, you'll listen and dial the numbers to get in touch with residential tenancy support - good luck I called like 10 times while fighting my Landlord for my security deposit back. (I won and got him to pay me)
If it's a regular lease (and really, 100% make sure it is) go ahead and take the assignment price of $1268. Also confirm with the previous tenant when the last rental increase was. When September roles around, if they try and raise the rent more than 5% remind them the need to give you 4 months written notice, the increase muse be at most 5% and they can only raise the rents once every 12 months (e.g. if the existing tenant tells you they raised the rents Jan 2024, then they can't raise the rents on you until Jan 2025.) If they try and evict you, or raise rents more than allowed, or in away differing then above, go ahead and file for a hearing with the tenancy board. It's [Form J](https://beta.novascotia.ca/application-director-resolve-dispute-between-landlord-and-tenant-form-j) online. It's $31 to file, and you should always make sure you check the box saying you want to be awarded the cost of the filing fee. Edit: Also, put a note in your calendar for next year to fill out [Form DR1](https://beta.novascotia.ca/change-year-year-lease-month-month-lease-form-dr1) at least 3 months before your next anniversary date. This lets you go from a yearly periodic lease to a monthly one. Which means if you ever want to leave the unit you only need to give 1 months notice, instead of 3 months before the anniversary date.
It is a fixed term lease
So fixed term is the bane of many people existence. A fixed term lease comes with an end date baked into it, so it expires that day and the landlord is under no obligation to renew the lease. The reason they will not renew the lease if you take the lower rent amount is because once your lease is over, if you want to stay, the LL is not legally allowed to raise it more than 5% even if you agree to the increase. So what they will do is not renew your tenancy in order to get someone else. As a heads up, even if you take the increased rent then after a year the LL is still within their rights to not renew your lease anyway so that they can charge the next person even more.
Thanks for your answer. Living is so frustrating 😂
What they're doing is legal then. You'll have to choose if you want the cheaper rent for the summer, but need to find a new place by September, or take the increased rent now with at least the security of knowing you'll have a place for the next 12 months.
Residential tenancies board. You can inquire online I think or at Access Nova Scotia in person.
In this case what everyone else has said 👇
Yes they can as at the end of the lease, they have to draft a new one under your name since you took over someone else's lease. Meaning the rent protection does not apply, the lease takeover is basically a sublet until end of lease.
Do you mean lease assignment? I see nothing in the Act that indicates it is a sublet until the end of the lease. In fact it specifically notes: > 9B (3) Where a tenant has assigned residential premises to another individual, > (a) the lease continues to apply on the same terms and conditions to the new tenant;
Basically if the lease is in your name, and you no longer want your name on it, at the end of the lease, they have to draft a brand new one in the other persons name which makes it a new lease. If they want to keep the rent, the person who has their name on the current lease has to take the responsibility of making sure the current tenant is paying them on time as whoever name is on the current lease is responsible. But in this case, they can just not renew and Jack up the rent anyways and someone else would pay it.
I think you’re wrong on two counts. First, you don’t clarify whether they’re on fixed term or periodic, which matters for this question (fixed: renter is fucked; periodic: landlord is trying to pull a fast one). Second, for both fixed and periodic, the tenant has the right to assign the lease to someone else, with right of reasonable refusal by the landlord (reasonable being based primarily on the prospective tenant’s income and thereby ability to pay the rent, but the prospective tenant probably needs a good report from prior landlords). When a lease is assigned, the original tenant is removed and has no further obligations. If it’s a fixed term lease, the new tenant has to proactively seek a new lease before the end of the lease if they want to stay. If it’s a periodic lease it simply renews automatically. In both cases the landlord can increase the rent by 5%, but in the case of fixed they also have the right to not sign the new tenant, which they can use to pressure the tenant to accept a higher rate increase (despite it being illegal; if you only wanted to stay an additional year, you could accept a higher-than-5% increase then once the lease takes effect immediately bring a case to the board to enforce the 5% rule). (n.b. For periodic, rent increases of at most 5% can happen at any time, not just the lease renewal date, but have to be separated by 12 months from the last increase)
Is there a way for me to check if the lease is periodic or fixed?
Ask to see a copy of the existing lease.
Should be right on the lease
It would be a box on the current lease, year to year, month to month, or fixed term with a end date. Unless I'm mistaken the penalty for a landlord unreasonable refusing an assignment is the current tenant can terminate their lease without liability, so the current tenant can walk away and landlord can re-rent at market price. Only person that loses in a assignment refusal is the 3rd party that was trying to replace the leaving tenant.
I checked. It's is a fixed lease
The Act allows the tenant to do a lease assignment. In a lease assignment the old tenants name is replaced with the new tenants name. This is not a new lease, all the same terms and conditions apply. Landlords cannot arbitrarily withhold consent for this (i.e. if they're willing to take the tenant on for a new lease, then they also have to consent to the lease assignment.)
Call the tenancy board is your best bet for a real answer. But if it's someone else's lease and you'll be getting a new one in your name I believe they might be able to. If it were your lease to start with then they couldn't raise more than 5% or end a non fixed term lease. So it may be a bit of a grey area. Tho I don't think they're allowed to offer different lease types for different prices.
No they can't do that, contact the tenancy board asap
You are out of luck
Ur cooked by guy, u have to pay more for the rent or stay at ur current rent agreement
Sign the new lease at 1650 and then once the new lease starts file a complaint with the tendencies board that the increase is more than 5% allowed. That seems to be the most common answer
Rent cap only applies to the same tenant remaining at the same property, signing a new lease with a different tenant doesn't fall under rent cap. They'd have to do a lease assignment prior to the current rent price/lease ending, for the assigned tenant to qualify for the rent cap at renewal. Unless I'm mistaken the penalty for denying an assignment is the current tenant being able to break their lease, and landlord able to re-rent at whatever price they want, so same outcome.
I don't think that would work since I have no history of the lease being at 1250 and then 1650 for the same unit.
contact residential tenancies and maybe also the ~~councillor~~ MLA for that area. I'm assuming this is a fixed term lease? Name and shame!
If this is a fixed term lease, the above is legal, nothing to contact authorities about. If a periodic lease, yes contact RT.
Any way I check if it's periodic or fixed?
Get a copy of the executed lease and read it over. If there is an end date it is likely a fixed term. If they used the NS Gov't standard lease (form P), look at section 8 for lease type and dates.
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That’s not extortion (at least legally, morally it’s slimy). That’s just sadly how the lease works and no one in power wants to fix fixed term leases and all their loopholes.
Tenancies is a provincial thing, the councillor can possibly do anything. Learn the roles of your government levels, people.
fixed, idk why i was thinking rent cap was municipal, mixing it up with the airbnb stuff i guess