Nova Scotia Landlord Selling House: Tenant Notice Requirements

Selling the Property Does Not End the Tenancy

Listing your rental property for sale — or even completing the sale — does not automatically terminate an existing tenancy in Nova Scotia. The lease transfers to the new owner at closing, along with the security deposit and all its terms. The new owner steps into your shoes as the landlord, and the tenant keeps their rights under the Residential Tenancies Act.

If the buyer wants to live in the unit, there is a specific statutory process. If the buyer is an investor who will continue renting it out, the tenancy simply continues under new ownership.

When You Can Serve Notice: RTA Section 10AA

A landlord can serve a Notice to Quit on behalf of a purchaser who intends to occupy the unit only when all of these conditions are met:

1. The residential complex has 4 or fewer units.
2. A purchase-and-sale agreement has been fully executed with all non-title conditions satisfied.
3. The purchaser is an individual (corporate buyers cannot use this ground).
4. The purchaser has provided a written request and a sworn affidavit confirming that the purchaser or a qualifying family member intends in good faith to occupy the unit. Qualifying family members include the purchaser's spouse, a child of the purchaser or spouse, and a parent or legal guardian of the purchaser or spouse.

The Notice: Form DR2

The prescribed form is Form DR2 — Landlord's Notice to Quit: Purchaser to Occupy Residential Premises. The notice must be accompanied by a copy of the purchaser's sworn affidavit.

The notice period is at least 2 full months, ending on the day before rent is due under a periodic lease. For a fixed-term lease, the termination date cannot be earlier than the lease's end date.

Example: rent is due on the 1st. You serve Form DR2 on March 10. The earliest termination date is the day before rent is due at least 2 full months later — May 31 (the day before June 1).

What If the Tenant Disputes the Notice?

If the tenant does not vacate or files a Form J dispute, you file a Form J application with the Residential Tenancies Program. The Director evaluates whether the purchaser's affidavit and good-faith intent are genuine.

Bad-faith notices — where the purchaser never intended to live in the unit — can result in the notice being voided and potential penalties for the landlord.

Properties With 5 or More Units

Section 10AA applies only to complexes with 4 or fewer units. For larger buildings, there is no purchaser-occupation ground. The tenancy transfers to the new owner and continues.

Landlord Moving Back In (No Sale)

If you want to occupy the unit yourself or have a family member move in — without selling the property — you cannot serve a unilateral Notice to Quit. You must file a Form J application under RTA Section 10(8)(f)(i), and the Director evaluates your good-faith intent before issuing any order. The possession date in the order cannot be more than 12 months from the order date.

Navigate the Sale Process Correctly

The Ending a Tenancy in Nova Scotia guide covers the complete purchaser-occupation procedure: when you can serve Form DR2, what the affidavit must contain, how to handle a tenant who disputes the notice, and the separate process for personal or family occupation.

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