Can an Alberta Landlord Cancel a Lease Before Move-In?

If you’ve signed a rental agreement in Alberta but haven’t moved in yet, you might be wondering if your landlord can cancel the lease before your move-in date. This guide explains your rights, Alberta laws, and practical steps to take if you find yourself facing early lease termination.

When Is a Lease Legally Binding in Alberta?

In Alberta, a residential lease (also known as a residential tenancy agreement) becomes legally binding once both the landlord and tenant have signed it—even if you have not yet moved in. Once signed, both parties are generally expected to follow its terms. This rule applies to both fixed-term and month-to-month leases.

What Happens If the Landlord Wants to Cancel Before Move-In?

If a landlord tries to cancel the lease before you move in, it’s not automatically legal. Alberta’s Residential Tenancies Act sets out the requirements for lawfully ending a tenancy, which landlords must follow.

• For fixed-term leases: Landlords cannot end the agreement early unless the tenant agrees or there is a breach (such as non-payment of deposits).
• For periodic (month-to-month) leases: Landlords must provide proper notice and meet legal reasons under the Act.

If the landlord cancels without following the law or your agreement, you may be entitled to compensation (such as for moving costs or loss of housing).

Your Security Deposit and Early Lease Termination

If your landlord cancels before move-in and you’ve paid a security deposit, you have the right to a full refund—unless you’re the one who cancels without legal reason. To better understand this, read Understanding Rental Deposits: What Tenants Need to Know.

Practical Example

Suppose you sign a fixed-term lease to begin on July 1, pay your deposit, and your landlord cancels the agreement on June 25 without a legal reason. You can request a full deposit refund, and you may have grounds to request compensation.

How to Respond If Your Landlord Cancels the Lease

If you receive a cancellation notice, take the following steps:

• Ask your landlord to explain in writing why they are cancelling.
• Request a full refund of your deposit.
• If you suffer costs or damages, keep all receipts and records.
• If the landlord refuses to refund your deposit or compensate you, you can apply to the Residential Tenancy Dispute Resolution Service (RTDRS).

Official Forms for Dispute Resolution

• RTDRS Application Form (Form RTR-01): Used to apply for a hearing if you’re seeking a refund or damages.
  When/how to use: Fill out if you have a dispute that can’t be resolved directly with your landlord. Submit online or in person to the RTDRS.
  Access the official form here.

Learn more about what happens What Tenants Need to Know After Signing the Rental Agreement.

What the Law Says: Alberta’s Residential Tenancies Act

Alberta’s Residential Tenancies Act governs rental agreements and the rights of both tenants and landlords. The law is enforced by the Residential Tenancy Dispute Resolution Service (RTDRS), a tribunal for resolving rental disputes.

• Landlords cannot cancel a lease except for reasons outlined in the Act.
• Fixed-term leases must be followed unless both parties agree otherwise or a valid breach occurs.
• If you’re unsure about your rights, consult the Tenant Rights and Landlord Rights in Alberta for a clear summary.

In summary, landlords are not allowed to unilaterally cancel a binding lease without your consent or legal justification.

Can a Tenant Cancel Before Moving In?

Tenants are also bound by the lease once signed. If you need to cancel before move-in, communicate with your landlord as soon as possible. You may be responsible for costs if you break the agreement.

• Negotiate with your landlord for a mutual release, if needed.
• If an agreement cannot be reached, be prepared to present your situation to the RTDRS.

Moving Forward: Finding a New Rental

If your lease gets cancelled, or you’re looking for a new place, Explore Houseme for nationwide rental listings to quickly find available rental homes across Alberta and Canada.

FAQs: Alberta Lease Cancellations Before Move-In

1. Can a landlord cancel my lease just because they changed their mind?
   No, a landlord cannot cancel a signed lease without a legally valid reason or your agreement.
2. Will I get my deposit back if the landlord cancels before move-in?
   Yes, you are entitled to a full refund of your deposit unless you breached the agreement.
3. What should I do if I have already arranged movers and the lease is cancelled?
   Keep all related receipts. You may be able to claim your costs through the RTDRS if the landlord is at fault.
4. What steps do I take if the landlord refuses to refund my deposit?
   Apply for dispute resolution with the RTDRS using the Application Form RTR-01.
5. Does Alberta law allow for any exceptions where a landlord can cancel before move-in?
   Only if the tenant agrees, or if there is a serious legal breach (such as fraud or non-payment of a deposit).

Key Takeaways

• A signed lease in Alberta is legally binding—even before move-in.
• Landlords generally cannot cancel just because they change their mind.
• Tenants are entitled to a full deposit refund if the landlord cancels without legal cause.

Stay informed and respond quickly to protect your rights if your lease is threatened before your intended move-in date.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): Official Alberta RTDRS portal
• Service Alberta – Consumer Contact Centre: 1-877-427-4088 (Landlord and Tenant Information)
• Legal guidance and forms: RTDRS Official Forms Page
• Review your Tenant Rights and Landlord Rights in Alberta.

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1. Residential Tenancies Act, Alberta (full text)
2. Residential Tenancy Dispute Resolution Service (RTDRS), Alberta (official site)
3. Service Alberta – Consumer Information (government landlord and tenant info)

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