Form S Nova Scotia: get a security deposit back

Before applying

Landlords must return the security deposit (plus interest, if any) within 10 days of the end of the tenancy unless the tenant gave written consent to a deduction or the landlord properly filed a Form R Security Deposit Claim within that 10-day window. Nova Scotia generally limits the original deposit to one-half of one month’s rent.

A tenant may file Form S (Application to Director to return a security deposit) once more than 10 days have passed after the tenancy ended, and one of these is true: the tenant did not give written permission for the landlord to keep any of the deposit and has not received the deposit or a Form R, or the tenant received a Form R and disagrees with the amount the landlord wants to keep.

Prepare your application

• Tenancy agreement, rent receipts, and proof the deposit was paid.
• Written confirmation of the move-out date and your current contact address.
• Photographs, move-in and move-out inspection documents, and proof keys were returned if relevant.
• Any written communications about proposed deductions and any signed consent (or clear proof there was none).
• A copy of any Form R the landlord sent you, if you received one.

Filing and serving Form S

There is no fee for a tenant’s Form S application. This is different from the usual $31.15 Form J fee. You can complete the form online or use the paper PDF and submit it at Access Nova Scotia.

Filing is not the last step. You must serve a completed copy of the application on the landlord (in person, by registered mail/courier to the address in the lease, or electronically if the lease allows it) and then complete Form L1 (Certificate of Service). Return the Form L1 to Residential Tenancies (online or at Access Nova Scotia) within 7 days of applying. Keep dated proof of service. The application is not reviewed until proper service is confirmed.

Decisions are often made on written submissions without a telephone hearing. A Residential Tenancies Officer may contact both parties for evidence. Typical processing is around two weeks, longer if more information is needed.

Realistic example

A tenant’s tenancy ended on March 1. By March 12 the landlord has neither returned the $600 deposit nor sent a Form R, and the tenant never signed any written consent to deductions. On March 15 the tenant files Form S online (no fee), attaches the lease, deposit receipt, move-out photos, and a copy of a text message in which the landlord claimed “cleaning costs” without details. The tenant serves the landlord by registered mail the same day and returns Form L1 online within 7 days. The Officer reviews the file and, finding no proper Form R and no written consent, orders the full deposit returned.

Common mistakes

• Filing Form S before 10 full days have passed after the tenancy ended.
• Using Form S when the dispute is about something other than the security deposit (use Form J for most other issues).
• Forgetting to serve the landlord and return Form L1 within 7 days.
• Assuming the landlord’s verbal promise or unsigned note counts as “written consent.”
• Confusing Form S (tenant application for return) with Form R (landlord claim to keep the deposit).

Use the official form

Official Form S page and online application. Also review the provincial security deposit claims factsheet and Form R instructions if the landlord has filed a claim.