Can a Landlord Cancel a Lease Before Move-In? NL Tenant Guide

If you’ve signed a lease in Newfoundland and Labrador but haven’t moved in yet, you might wonder: can your landlord legally cancel the agreement before you get the keys? This guide explains your rights as a tenant, when early cancellation is allowed, and steps you can take if a landlord tries to end your lease before your tenancy begins. All information is tailored to current provincial law, making it easier to understand your options and protect yourself.

Lease Cancellations Before Move-In: Key Legal Principles

In Newfoundland and Labrador, the rights and obligations of both tenants and landlords are set out by the Residential Tenancies Act (RTA).^[1] Once a lease or rental agreement is signed by both parties, it is binding—even if the tenant has not moved in yet. The agreement only becomes void if both sides mutually agree to end it or if there's a legal reason for early termination.

Landlords cannot unilaterally cancel a lease simply because they changed their mind or found another tenant who will pay more. However, there are some rare exceptions:

• If the tenant fails to pay a required deposit or initial rent as agreed
• If the lease includes a legally valid condition precedent that is not met (for example, if the tenancy is conditional on a background check that fails)
• If both parties mutually agree to terminate in writing, using the proper process

Landlords must always follow the process outlined in the RTA and may be subject to penalties for not doing so.

What Happens If a Landlord Tries to Cancel?

If a landlord tries to cancel before you move in without legal grounds, you may be entitled to:

• Take legal action through the Residential Tenancies Office
• Claim compensation for additional move, storage, or accommodation costs due to the cancellation
• Request the return of any deposit paid

It’s important to document communications with your landlord and keep copies of the signed lease and any payment receipts.

Official Forms and the Residential Tenancies Office

The Residential Tenancies Office (RTO) handles disputes between tenants and landlords in Newfoundland and Labrador. If you need to contest an early lease cancellation or seek compensation, you can file a formal application.

Key Forms for Tenants Facing Early Lease Cancellation

• Application for Dispute Resolution (Form 12-1561): Use this if you want the RTO to decide whether your landlord’s cancellation is valid or if you wish to claim compensation. Download the Application for Dispute Resolution (Form 12-1561).
• Notice of Termination (Form 12-1559): This is typically used if you and the landlord mutually agree to end the lease. Download the Notice of Termination (Form 12-1559).

Practical Example: If your landlord emails that they’ve found another tenant and will not give you possession, file an Application for Dispute Resolution with the RTO, attaching your signed agreement and proof of any payments.

What Tenants Should Do After Signing the Lease

Once your rental agreement is signed, you have rights—including a right to take possession on the agreed move-in date. If your landlord is delaying or denying move-in, review What Tenants Need to Know After Signing the Rental Agreement for practical next steps to protect your interests.

What Happens to Your Deposit?

If the landlord cancels the lease before move-in through no fault of yours, you are legally entitled to a full return of your rental deposit. For a detailed overview on deposit rights and timelines in Newfoundland and Labrador, refer to Understanding Rental Deposits: What Tenants Need to Know.

Your Legal Rights and Remedies

As a tenant, you have a right to rely on a signed lease—unless the law specifically allows the landlord to cancel (for example, if your initial payment bounced or required information was misrepresented).

For more about tenant and landlord rules in Newfoundland and Labrador, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

If you’re seeking a new place after a cancelled lease, you can Find rental homes across Canada on Houseme for up-to-date listings and secure options in your area.

FAQ: Lease Cancellations Before Move-In in Newfoundland and Labrador

1. Can my landlord cancel my lease before I move in, even if I’ve signed?
   Generally, no. Once the lease is signed by both parties, it is legally binding. Cancellations are only valid in very limited circumstances, such as if you fail to meet specific conditions in the lease or both parties agree in writing.
2. What should I do if my landlord tries to cancel the lease?
   Gather all documentation (lease, payments, correspondence) and file an Application for Dispute Resolution with the Residential Tenancies Office as soon as possible.
3. Will I get my deposit back if my lease is cancelled before move-in?
   Yes, unless you breached the agreement (e.g., failed to pay as required), your landlord must return your deposit in full.
4. Who decides disputes between tenants and landlords in Newfoundland and Labrador?
   The Residential Tenancies Office (RTO) is responsible for interpreting the law and hearing disputes between tenants and landlords.
5. Where can I learn more about my rights after signing a lease?
   Visit What Tenants Need to Know After Signing the Rental Agreement for tips on next steps, including moving in and what to do if issues arise.

Conclusion: Key Takeaways

• Once signed, a lease is binding—cancellation before move-in is rarely allowed except in specific legal scenarios.
• If a landlord tries to cancel without legal justification, act quickly: contact the Residential Tenancies Office and file the right forms.
• Document everything and know that your deposit should be returned if you are not at fault.

Understanding your tenancy rights can help prevent stressful housing surprises and protect your financial well-being.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO): Information, forms, and dispute resolution for tenants and landlords in Newfoundland and Labrador
• Phone: 709-729-2608 (St. John’s); regional contacts available on the RTO website
• CMHC Renting Resources: Guides for tenants nationwide
• Local tenant rights groups: Many communities offer legal information for renters

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1. Residential Tenancies Act, SNL 2018, c. R-14.1 — Read the full Residential Tenancies Act
2. Residential Tenancies Office — Official provincial resource

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