03/24/2023
Earlier this week, it was announced that "yes" the rent cap IS staying for at least two additional years (until 2026), but it will be increasing to 5%.
It is important that tenants understand their rights. There has been a lot of discussion of a "loophole."
Here's how that shakes out:
In response to the rent cap, many landlords are now offering fixed-term leases (this is, unfortunately, a predictable symptom of rent caps and how they have been implemented).
At the end of a fixed term, the landlord can end the lease without having to give a reason (this isn't the loophole, but it's important tenants understand this so that they can have a discussion with their landlord well in advance of the end of their "term")
"Loophole": Once the tenant moves out, the landlord can increase the rent as much as they want.
While the above "loophole" is, in fact, possible, tenants need to know that if they are staying at the same rental, the landlord STILL HAS TO FOLLOW THE RENT CAP RULES. Even if you sign a totally new lease for your current rental, it's considered an update or renewal, and your increase needs to be within the cap.
We understand that navigating this "loophole" is much easier said than done. The market is tough, and many tenants are afraid that if they don't agree to go along with what the landlord says, they could be displaced or even homeless.
Most landlords aren't actually evil or money hungry, though. They'll gladly work with a good tenant to make an arrangement that is best for everyone. If you're on a fixed-term lease, we recommend chatting with your landlord or property manager well in advance of your end date. If they don't want to renew or they apply unfair pressure..start making your plans to leave or challenge them with the tenancy board.
It's not always easy, but knowing the rules, your rights and making a plan will help ensure you're able to rent better in Nova Scotia.
With the province's temporary two per cent rent cap set to expire in December, many Nova Scotians are seeking clarity. Both landlords and tenants are wondering what's to come, but the province won't say much.