Landlord Last-Minute Move-In Cancellation: Tenant Rights in New Brunswick

Imagine you’ve packed, planned, and are ready to move into your new home—only for the landlord to cancel your move-in at the last minute. If this happens in New Brunswick, knowing your legal rights and the steps you can take can reduce stress and help you seek solutions.

Your Rights When a Landlord Cancels Before Move-In

In New Brunswick, once a residential lease is signed (whether written or verbal), both the landlord and tenant are legally bound by its terms. If a landlord cancels your move-in after the agreement is made and you’re ready to move, this could be considered an improper refusal to give possession.

The governing law is the Residential Tenancies Act of New Brunswick^[1]. According to the Act, tenants are entitled to take possession on the agreed date. If the landlord denies you entry, you may have legal ground to claim damages, reimbursement, or look for alternative accommodation.

Common Reasons Landlords Cancel Move-In

• The rental unit is not ready (due to repairs or previous tenant not leaving on time)
• Landlord changes their mind about renting to you
• The unit was double-rented by mistake
• Dispute over the signed lease or deposit

Regardless of the reason, the law expects landlords to honor tenancy agreements. If you face such a cancellation, you have several rights and options.

Practical Steps If Your Move-In Is Cancelled

• Ask the landlord for a written explanation of why access was denied.
• Keep all documents—your signed lease, communication records, and receipts for deposits or moving costs.
• Be prepared to seek a solution through New Brunswick’s rental tribunal, the Residential Tenancies Tribunal (Service New Brunswick).
• Consider alternate accommodation while the issue is resolved—but keep receipts for potential reimbursement claims.

Claiming Compensation and Next Steps

If the cancellation causes you out-of-pocket costs (for example, for storage, hotels, or moving), or you miss out on a rental opportunity, the tribunal may order the landlord to reimburse you.

Tenants can apply to the Residential Tenancies Tribunal to request compensation for reasonable expenses due to last-minute cancellation.

Form: Application for Assistance (Form RTB-911) — This official form is used to request help or compensation when a landlord refuses to provide possession of a rental unit after the lease agreement has been made. It can be found on the Service New Brunswick website. Submit the completed form with a summary of your situation and copies of evidence (lease, payments, communications).

You may also want to review Tenant Rights and Landlord Rights in New Brunswick for a detailed outline of both your protections and responsibilities under current provincial laws.

What Happens to Your Rental Deposit?

If you paid a deposit and the landlord cancels without legal reason, you are entitled to its full return. For more insight on this process, see Understanding Rental Deposits: What Tenants Need to Know.

Understanding the Rental Agreement

Leases are binding contracts under New Brunswick law. Learn what to expect after you’ve signed by reading What Tenants Need to Know After Signing the Rental Agreement.

If You Cannot Move In: Your Immediate Options

If move-in is blocked, you may:

• Request immediate possession via the Tribunal if you still want the unit
• Seek to end the agreement and pursue damages if you're unable to move in
• Document all related expenses and losses
• File for return of your deposit and other costs through the Tribunal

If you remain unsure, tenant organizations or legal clinics across New Brunswick can provide advice.

Action Steps for Filing a Complaint

Below are practical steps for tenants when a landlord cancels your move-in in New Brunswick. Acting quickly helps secure your rights.

1. Collect Documentation: Keep your lease, payment proof, and any communication with the landlord.
2. Complete Form RTB-911: Access the Application for Assistance, fill out details about your rental and the issue.
3. Submit to the Tribunal: File the form with Service New Brunswick (can often be done online or in-person at Service NB offices).
4. Keep Receipts: Retain evidence of any temporary living costs or moving expenses for your claim.
5. Follow Up: Respond to any requests from the tribunal and attend your scheduled hearing if necessary.

FAQs: Landlord Cancels Your Move-In in New Brunswick

1. What should I do first if my landlord cancels my move-in?
   Start by asking for the reason in writing, gather all documentation, and contact the Residential Tenancies Tribunal for guidance.
2. Can I get my deposit back if the landlord cancels?
   Yes, your full deposit must be returned. Document your request and, if needed, apply to the tribunal for assistance.
3. What compensation can I claim?
   You may claim reasonable expenses directly related to the cancellation, such as hotel costs, storage, or moving services.
4. How do I file a complaint in New Brunswick?
   Complete the Application for Assistance (Form RTB-911) and submit it to Service New Brunswick, providing details and evidence.
5. Who do I contact for legal support?
   You can reach out to Service New Brunswick, local tenant advocacy groups, or legal clinics for free support and advice.

Key Takeaways for New Brunswick Tenants

• Signed leases are binding; last-minute landlord cancellations can entitle you to remedies.
• Use Form RTB-911 and reach out promptly to the Residential Tenancies Tribunal if your move-in is refused.
• Document everything, and keep receipts to support any claims for compensation.
• For more local rental law information, review Tenant Rights and Landlord Rights in New Brunswick.
• If you need a new place quickly, Explore Houseme for nationwide rental listings.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – Service New Brunswick: Main dispute resolution board for all tenancy issues
• Application for Assistance (Form RTB-911): Use this form when denied move-in or seeking compensation
• Public Legal Education and Information Service of New Brunswick: Free tenant information
• Local tenant support: Check with community legal clinics or tenants' rights organizations in your city

---

1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal (Service New Brunswick)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy