Can a Landlord Cancel a Lease Before Move-In? Manitoba Rules

Signing a rental lease is a big step, especially when making plans to move into a new home. But what happens if your Manitoba landlord tries to cancel your lease before you even move in? This article breaks down your rights and options as a tenant under Manitoba law, ensuring you know what to expect and how to protect yourself.

Understanding Your Lease Agreement in Manitoba

In Manitoba, a lease (or tenancy agreement) is a legally binding contract between you and your landlord. Once you and your landlord both sign a written lease — or agree verbally — your contract is in effect, even if you have not yet moved in or paid a deposit. Both parties are expected to honour the agreement unless the law provides a valid reason for ending it early.

For a comprehensive overview of what happens after you sign, visit What Tenants Need to Know After Signing the Rental Agreement.

Can a Landlord Cancel a Lease Before You Move In?

In most cases, landlords in Manitoba cannot simply cancel a lease before the tenant moves in, without a legal reason. Canceling without cause may give you the right to claim compensation or enforce the lease through the Residential Tenancies Branch.

• Mutual agreement: Both parties can agree, in writing, to end the lease before move-in.
• No legal reason: If a landlord cancels unilaterally, you may be entitled to remedies like compensation for moving costs or alternative accommodations.
• Exceptional circumstances: If the rental unit is destroyed (e.g., by fire), or certain conditions make the unit uninhabitable before move-in, a landlord may be able to lawfully terminate the lease.

As a tenant, you should never assume your lease is void because a landlord requests cancellation. Your rights are protected under the Residential Tenancies Act (Manitoba).

Valid Reasons for Ending a Lease Before Move-In

Under Manitoba’s Residential Tenancies Act, the main valid reasons for ending a lease before move-in include:

• The unit is destroyed or damaged (e.g., by fire or flood) and cannot be occupied
• The landlord and tenant mutually agree to end the lease before the term starts
• The tenant provides false or misleading information affecting the tenancy (rare and difficult to prove)

If you are unsure why your lease was cancelled, request the reason in writing from your landlord. If your landlord kept your deposit, see Understanding Rental Deposits: What Tenants Need to Know.

What If a Landlord Refuses to Let You Move In?

If your landlord will not let you take possession of the apartment as agreed, it may be considered a breach of contract. You can:

• Apply to the Residential Tenancies Branch (Manitoba) to have your lease enforced and to claim compensation
• Request your deposit back in full
• Seek alternative accommodations and, in some cases, claim extra moving costs

Having evidence (the lease, correspondence, payment receipts) will help with your case if you need to file a complaint.

Official Forms and How to Use Them

• Application for Orders of Possession and/or Compensation (Residential Tenancies Branch)
  When to use: If your landlord will not let you move in and you want to enforce the lease or claim compensation.
  How to use it: Complete the form and submit it to the Residential Tenancies Branch online, by mail, or in person. Access the forms and instructions here.

The Branch can order compensation, refund your deposit, or even require the landlord to provide you access to the unit — depending on your situation.

Key Takeaways for Manitoba Tenants

• Leases are binding once signed. Landlords cannot cancel without a legal basis.
• If you are refused entry or your lease is cancelled, act promptly to document the situation and contact the Residential Tenancies Branch.
• Keep all paperwork and receipts. These will help if you need to make a claim or attend a hearing.

For more details about your specific rights in the province, visit Tenant Rights and Landlord Rights in Manitoba.

Easily Browse apartments for rent in Canada and protect yourself by only signing written agreements with reputable landlords.

Frequently Asked Questions

1. What if my landlord cancels my lease before I move in?
   If the landlord cancels without a valid legal reason, you can apply to the Residential Tenancies Branch for compensation or to enforce your lease.
2. Can I get my deposit back if the lease is cancelled?
   Yes, unless you provided false information or breached the agreement, you are entitled to a full refund of your deposit.
3. What should I do if I'm refused entry on move-in day?
   Collect evidence, contact the landlord in writing, and if unresolved, apply to the Residential Tenancies Branch for an order of possession or compensation.
4. Can I back out of a lease before moving in?
   Tenants can only end a lease early if both parties agree or if allowed for legal reasons under the Act. Otherwise, early termination may require paying costs or finding a replacement tenant.
5. Where can I get support if my landlord refuses to honour my lease?
   Contact the Residential Tenancies Branch or a local tenant advocacy group for information and help with your situation.

Conclusion: What Tenants Should Remember

• A signed lease in Manitoba is legally binding for both parties.
• Landlords need a valid reason to cancel before move-in — or your agreement stays in effect.
• Seek help from the Residential Tenancies Branch immediately if something goes wrong.

Understanding your rights protects you from surprises and helps ensure a smooth start in your new home.

Need Help? Resources for Tenants

• Residential Tenancies Branch (Manitoba) – Information, forms, and dispute resolution
• Tenant Forms – Residential Tenancies Branch
• Local tenant advocacy services (contact the Branch for referrals)
• For a full list of your rights, see Tenant Rights and Landlord Rights in Manitoba

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1. Residential Tenancies Branch – Government of Manitoba
2. Residential Tenancies Act (Manitoba) – Full text
3. Tenant Forms, Residential Tenancies Branch

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