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Requiring rent in advance is illegal in Nova Scotia. But it keeps happening

Click to play video: 'Concerns about rent-in-advance requirements from Nova Scotia landlords'
Concerns about rent-in-advance requirements from Nova Scotia landlords
WATCH: A tenant in Dartmouth is speaking out after being required to pay rent-in-advance to secure their apartment. It’s a policy that legal advocates say is increasingly being enforced by landlords, despite being illegal. Megan King reports. – Oct 30, 2024

A Nova Scotia tenant is speaking out about paying rent in advance — a policy that advocates say is increasingly being enforced by landlords despite being illegal.

And they’re calling on provincial party leaders, who are in the midst of a election campaign, to commit to stronger enforcement measures that protect tenant rights.

“I think that too many people are getting away with this stuff,” said Jesse Cyr. “It’s just really disheartening to see them getting away with all this, honestly.”

Cyr, 21, and his boyfriend moved into a new apartment in Dartmouth last month. When signing all the paperwork and submitting banking information, they paid what they thought was a security deposit along with first month’s rent.

“They asked for $2,400 up front. We assumed that this was a first month’s rent and security deposit, Like usually it would be,” he explained.

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“And then two weeks later, when we moved in, they took out another $1,600.”

The couple had their second charge reversed by turning to their bank. They emailed their rental company for answers because application fees and rent in advance are illegal according to the province’s Residential Tenancies Act.

“We’re already paying an arm and a leg. We’re paying them $2,400 just to live there for one month. And then they took, like $4,000 in total from us. Right? That’s a lot of money,” said Cyr.

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Cyr alleges the rental company has been sending them emails and threatening to evict them. The couple have turned to Dal Legal Aid for support.

“It sucks not being able to settle down. Like we barely even have all of our stuff moved in because we don’t even know what’s going to happen,” he said.

Click to play video: 'Halifax-area landlords defend use of fixed-term leases'
Halifax-area landlords defend use of fixed-term leases

Sydnee Blum, a community legal worker with Dal Legal Aid, said rent in advance is one of the most common issues their team has been seeing. With no meaningful consequences for landlords who break the law, Blum said there’s nothing to stop repeat offences.

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“The only reason he got that money back is because he went to the bank and ordered it returned. If it were up to the landlord, I’m sure the money would still be in their bank account,” said Blum.

The clinic is calling for a residential tenancies compliance and enforcement unit to better protect tenants.

On the campaign trail, that kind of enforcement unit is something the Nova Scotia Liberals and NDP said they’re committed to creating.

“We know the imbalance that exists in this tight housing market between landlords and tenants. We know how hard it is right now to be a renter with no protections,” said NDP Leader Claudia Chender.

“This is something we’ve consistently fought for in the legislature and in our offices and will continue to do that.”

In a statement, the Liberals said, “despite a clear recommendation to do so, we were disappointed the Houston Conservatives did not follow through and establish the unit. The status quo is not working and an enforcement unit is desperately needed in Nova Scotia.”

PC Leader Tim Houston, who is running for re-election as premier, said the actual solution is creating more housing — and didn’t commit to creating such a unit.

“We absolutely need to protect tenants and we’re taking steps to do that. But certainly if anyone is asked to break the law or is encouraged to break the law, we can’t accept that. And that’s something that should be held to account,” he said.

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Meanwhile, Cyr and his boyfriend are continuing to fight to stay at their current apartment. They’re also looking around, in a tough rental market, for a backup plan.

Blum is helping them navigate the legal process, but admitted it’s frustrating.

“We can throw ourselves at the tenancy board over and over again. But it’s going to be meaningless so long as the government is allowing landlords to get away with this with no consequences,” she said.

Global News reached out to the rental company but has not received a response.

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