Nova Scotia Subletting Without Permission: Landlord Options

Unauthorized Subletting Is a Specific Statutory Ground

When a tenant sublets a rental unit, assigns the lease, or otherwise parts with possession without the landlord's consent, it is a breach of Subsection 9B(1) of the Residential Tenancies Act. This gives the landlord a specific ground to issue Form E — Landlord's Notice to Quit: Breach of Statutory Condition or Subsection 9B(1).

However, an unauthorized occupant (a guest who stays long enough to become a concern) is not the same as an unauthorized sublet. The distinction matters because the Residential Tenancies Program evaluates the specific statutory ground you cite. Misidentifying the issue can result in a dismissed application.

When Form E Applies

Form E covers breaches of the standard statutory conditions built into every Nova Scotia residential lease, plus unauthorized subletting:

• Subsection 9B(1): Assigning, subletting, or otherwise parting with possession without the landlord's consent. This is the direct ground for unauthorized subletting — someone else is paying rent to the tenant, or the tenant has moved out and left someone else living there.
• Statutory Condition 3 (good behaviour): Behaviour that interferes with the possession or occupancy of the landlord or other tenants; examples include noise complaints or disruptive behaviour.
• Statutory Condition 4 (tenant obligations): Failure to maintain ordinary cleanliness or damage caused by a wilful or negligent act.

For property damage caused by the tenant (or someone the tenant permitted on the premises), Statutory Condition 4 is the relevant ground, not a general "breach of lease" claim.

The Process

1. Serve Form E with at least 15 clear days notice (30 days for land-lease communities). Clear days excludes both the service day and the expiry day.
2. If the tenant does not vacate, file a Form J application with the Residential Tenancies Program ($31.15 fee).
3. Serve the application on the tenant and file Form L1 (Certificate of Service) within 7 days.
4. Attend the teleconference hearing with your evidence: the lease showing no consent was given, proof of the unauthorized occupant or subtenant (photos, communications, third-party rent receipts), and your Form L1.

There is no Form K shortcut for statutory-condition breaches. Form K is only available for rent arrears after Form D. Everything else goes through the Form J hearing route.

What About Damage?

Tenant-caused damage falls under Statutory Condition 4 on Form E. You need to show the damage was caused by a wilful or negligent act of the tenant or someone they permitted on the premises. Normal wear and tear does not meet this threshold.

If the damage also represents unpaid repair costs, you can seek a monetary award through the same Form J hearing, in addition to the eviction order.

Match the Problem to the Right Ground

The Ending a Tenancy in Nova Scotia guide includes a decision flowchart that maps subletting, unauthorized occupants, property damage, and other common landlord scenarios to the correct statutory form and process.

See more Nova Scotia guides →