BILL NO. 258

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023

 

Private Member's Bill

 

Ending Abuses of Fixed-term Leases Act

 

Suzy Hansen
Halifax Needham

First Reading: March 21, 2023

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill

(a) clarifies that a fixed-term lease automatically becomes a month-to-month lease when the lease ends if the tenant remains in possession of the premises; and

(b) requires a landlord to offer a tenant the opportunity to continue a fixed-term lease as a month-to-month lease at least 30 days before the expiry of the lease.

An Act to Amend Chapter 401
of the Revised Statutes, 1989,
the Residential Tenancies Act,
Respecting Fixed-term Leases

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Ending Abuses of Fixed-term Leases Act.

2 (1) Subsection 10A(2) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as enacted by Chapter 40 of the Acts of 1993, is amended by striking out "with the consent of an owner" in the third line and substituting "of the premises".

(2) Section 10A of Chapter 401, as enacted by Chapter 40 of the Acts of 1993 and amended by Chapter 41 of the Acts of 2018 and Chapter 36 of the Acts of 2021, is further amended by adding immediately after subsection (2) the following subsections:

(2A) Where a fixed-term lease exists, the landlord shall, at least thirty days before the date the lease ends, offer the tenant the opportunity to continue the tenancy on a month-to-month basis.

(2B) For greater certainty, subsection 4(1) of the Interim Residential Rental Increase Cap Act applies where a tenancy continues on a month-to-month basis following the end of a fixed-term lease under subsection (2) or (2A).

 

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