Can a landlord back out of a lease after it’s signed in New Brunswick?

No, unless there is a valid legal reason such as an emergency or a situation recognized by the Residential Tenancies Tribunal. Tenants have enforceable rights under a signed lease.

Will I get my deposit back if my landlord cancels the lease before I move in?

Yes. If the cancellation is not allowed by law, you are entitled to a full refund of your deposit and may claim compensation through the Tribunal.

Who decides if a landlord's lease cancellation is legal in New Brunswick?

The New Brunswick Residential Tenancies Tribunal reviews rental disputes and determines if a cancellation was lawful.

What documents should I keep if my landlord cancels before move-in?

Keep your signed lease, all communications, and any notices, as these help support your case with the Tribunal.

Can a Landlord Cancel Your Lease Before Move-In in New Brunswick?

Leases & Agreements New Brunswick published June 20, 2025

Signing a lease in New Brunswick is exciting, but it can be stressful if your landlord suddenly tries to cancel the agreement before you move in. Understanding your rights and the proper steps is key to protecting yourself as a tenant. This guide explains New Brunswick tenant law, official forms, and provides clear solutions if your lease is cancelled before occupancy.

Understanding Leases in New Brunswick

In New Brunswick, a lease is a legally binding agreement. Once both the tenant and landlord have signed a rental agreement (written or verbal), both parties have legal obligations under the Residential Tenancies Act.^[1] Landlords cannot usually cancel or "break" a lease before move-in simply because they change their mind or find another tenant. Exceptions exist, but the law sets strict conditions.

Common Reasons Landlords Attempt to Cancel

Landlord wants to rent to someone else for more money
Concerns about tenant information after lease is signed
Property suddenly becomes uninhabitable (e.g., fire, major damage)

Most of these are not legal reasons to cancel the lease before move-in. The Residential Tenancies Tribunal can order compensation or other remedies if a landlord violates the law.

Official Tribunal and Key Legislation

Residential tenancy matters in New Brunswick are overseen by the Residential Tenancies Tribunal. All disputes concerning lease cancellations, deposits, and entry must be directed here. The main law is the Residential Tenancies Act.

What If Your Landlord Cancels Before You Move In?

If your landlord tries to cancel after both parties have entered into an agreement, in most cases the lease is still in effect, and you have rights:

You can ask the Tribunal to enforce your right to move in
You may be entitled to compensation for additional costs or inconvenience

The landlord can only cancel lawfully in certain situations (for example, if the unit is no longer available due to a disaster), and even then Tenant Rights and Landlord Rights in New Brunswick must be followed.

Rental Deposits and Lease Cancellation

If you provided a deposit and the landlord cancels unlawfully, you are entitled to a full refund. Learn more about deposits in Understanding Rental Deposits: What Tenants Need to Know.

Key Forms and Action Steps for Tenants

To contest an unlawful lease cancellation, you will need to submit an official request to the Tribunal:

Application Form (Form 6: Application for a Determination): This is the standard form tenants use to resolve disputes, including when a landlord tries to cancel a signed lease. Access Form 6 here.
How to Use: Complete the form with your details and explain the situation. For example, if your landlord sent a message cancelling the lease a week before move-in, attach any written evidence (such as emails or texts) to your application. Submit it to the Tribunal as soon as possible.
Contact: All completed forms should be sent to the Residential Tenancies Tribunal.

It’s a good idea to keep all written communications and documentation related to the lease.

What to Do After Signing the Rental Agreement

If you have questions about your rights and responsibilities once your lease is signed, What Tenants Need to Know After Signing the Rental Agreement covers next steps and how to protect yourself.

Tip: If you suspect your landlord is breaking the rules, don’t delay—reach out to the Residential Tenancies Tribunal for guidance and enforce your rights.

What Are Your Rights as a Tenant?

In New Brunswick, tenants have strong protections once an agreement is made. Your landlord can only end the agreement in very limited situations—generally involving emergencies, health, or safety. If you experience a lease cancellation before occupancy that doesn’t fall under these exceptions, you may be able to enforce your contract or seek compensation.

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FAQ: Lease Cancellations Before Move-In in New Brunswick

Can a landlord back out of a lease after it’s signed? Landlords cannot typically back out once a lease is signed, unless there’s a legal reason approved by the Tribunal. Tenants can enforce their lease rights.
Do I get my deposit back if my landlord cancels before move-in? Yes. If a landlord cancels unlawfully, you should receive your full deposit back, plus possible compensation for additional losses.
Who decides if my landlord’s cancellation is legal? The New Brunswick Residential Tenancies Tribunal reviews disputes and decides if the landlord had a valid reason.
What documents should I keep if my landlord cancels before move-in? Keep your lease, all written communications (emails, texts), and any notices. These are essential for your Tribunal application.
Where can I get help enforcing my rights? Contact the Residential Tenancies Tribunal or local tenant advocacy groups for support and advice (see below).

Key Takeaways for Tenants

Once a lease is signed in New Brunswick, it is legally binding for both sides.
Landlords must have a valid, legal reason to cancel a lease before move-in.
Use Form 6 with the Tribunal if you believe your lease was wrongly cancelled.

Before you move, know your rights and stay prepared—being informed is your best protection.

Need Help? Resources for Tenants

Residential Tenancies Tribunal - New Brunswick: Main agency for all rental complaints, forms, and dispute resolution.
Residential Tenancies Act (New Brunswick): Official legislation.
Public Legal Education and Information Service of New Brunswick: Housing Rights
Tenant Rights and Landlord Rights in New Brunswick: Easy-to-understand overview of your rights and responsibilities.