Nova Scotia Landlord Moving Back In: Personal Use Rules

You Cannot Just Serve a Notice

Nova Scotia is stricter than many provinces when it comes to landlord personal use. If you want to move back into a rental unit — or have a family member move in — you cannot serve a unilateral Notice to Quit. You must apply to the Director of Residential Tenancies through a Form J application under RTA Section 10(8)(f)(i) and prove your intent is genuine.

This is one of the most misunderstood parts of the Residential Tenancies Act. Landlords assume that owning the property gives them the right to end the tenancy when they need the unit. It does not. Security of tenure protects periodic tenants, and the Director must evaluate evidence of good faith before issuing an order.

The Form J Application Process

1. File Form J with the Residential Tenancies Program through Access Nova Scotia. The filing fee is $31.15.
2. Serve the application on the tenant and file a Certificate of Service (Form L1) within 7 days.
3. Attend the teleconference hearing. A Residential Tenancies Officer reviews your evidence and determines whether the personal-use claim is made in good faith.
4. Director's Order. If the Director is satisfied, the order will set a possession date no more than 12 months from the order date.

What "Good Faith" Means

The Director evaluates whether you or your family member genuinely intends to live in the unit. Red flags that undermine a good-faith claim include:

• Relisting the unit for rent at a higher price shortly after the tenant vacates.
• A history of personal-use applications across multiple units.
• No evidence that you or the family member actually moved in.
• Using the personal-use ground to avoid the restrictions on renoviction or other termination limits.

If the Director finds bad faith after issuing an order, the former tenant can file a Form J dispute seeking compensation.

Who Qualifies as "Family"

The statutory definition includes:

• The landlord's spouse
• A child of the landlord or spouse
• A parent or legal guardian of the landlord or spouse

Other relatives (siblings, cousins, in-laws outside these categories) do not qualify under the personal-use provision.

How This Differs From a Sale

When you are selling the property and the purchaser wants to occupy it, the process is different. Under RTA Section 10AA (for complexes of 4 or fewer units), you can serve a Form DR2 notice with a purchaser's sworn affidavit. That is a notice process, not an application to the Director. Personal use without a sale requires the Form J application route.

Protect Yourself With the Right Process

The Ending a Tenancy in Nova Scotia guide walks through both the personal-use application and the purchaser-occupation notice, including the evidence you need for a good-faith hearing and the maximum timelines the Director can set.

See more Nova Scotia guides →