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Tenants could soon get security deposits back more easily

By Jacob Moore Jul 17, 2024 | 10:54 AM

New online forms aim to streamline the process for tenants to get their security deposits back in case landlords don’t return them.

Currently, tenants would have to apply for a hearing through the residential tenancies program, but the new forms will skip the hearing process entirely, according to a news release from the provincial government.

“As an advocate for lower-income tenants, I welcome the change to a simpler and faster process to address security deposits,” wrote Tammy Wohler, managing lawyer with the social justice office of Nova Scotia Legal Aid.

“Unfortunately, there are some landlords who simply retain security deposits as a matter of routine. Providing an accessible path to a quick resolution will ensure greater accountability for both landlords and tenants.”

Right now, landlords and tenants fill out the “same generic form” when landlords want to keep any portion of the security deposit or when tenants haven’t received their security deposits. In either case, the government says there has to be a hearing, where both sides present evidence for their claims. Wait times for hearings can take more than a month.

New forms coming in August

As of August first, there will be two different online forms, one for tenants and one for landlords.

Tenants can apply for a hearing when they have not received their security deposit, or a copy of the landlord’s request to keep the security deposit.

A tenant can also use this form if the tenant disagrees with the landlord’s decision to keep the security deposit.

If a landlords fails to return the deposit or submit a request to keep the deposit within 10 days of the end of the lease, the tenant will be given the security deposit, the release says.

These new forms aren’t necessary if the tenant agrees with the landlord’s decision to keep security deposits.

“These changes will make it simpler for both tenants and landlords to deal with a security deposit at the end of a tenancy,” wrote Colton LeBlanc, Minister of Service Nova Scotia, in the release.

“It will also be easier for staff to review these claims, and that means Nova Scotians will have a decision faster.”