Can a Landlord Cancel a Lease Before Move-In in Nova Scotia?

Understanding if and when a landlord can cancel a lease before you move in is important for Nova Scotia tenants. Clear rules in provincial law outline both tenant and landlord rights during this phase. This article explains your legal protections, important forms, and steps to take if your signed lease is suddenly in question.

Can a Landlord Cancel a Lease Before You Move In?

In Nova Scotia, a lease is a legally binding contract once it has been signed by both tenant and landlord, and the terms are agreed upon. It does not matter if the tenant has physically moved in yet—a signed lease usually means both parties have agreed to start a tenancy on the set date.

Generally, a landlord cannot simply cancel a lease before move-in without a valid legal reason. Attempting to do so can be challenged by the tenant.

Valid Reasons a Landlord Might Cancel (Terminate) Before Move-In

• Tenant breach: For example, if the tenant provided false information or refuses to pay the agreed deposit.
• Mutual agreement: Both landlord and tenant agree in writing to end the lease before it starts.
• Other lawful grounds: If an unforeseen legal reason makes the tenancy impossible (such as a government order condemning the property).

In the absence of these reasons, a landlord's attempt to cancel is likely not enforceable. Tenants can seek remedies if they are unfairly denied their new home.

Your Rights Under Nova Scotia Law

Nova Scotia’s Residential Tenancies Act protects tenants even before they physically move in. If a lease is signed, both the landlord and tenant are expected to uphold their agreement unless both choose to end it or have grounds under the Act to void it.¹

The Residential Tenancies Program (Service Nova Scotia) handles questions and disputes about rental agreements including pre-move-in matters.

If a Landlord Refuses to Let You Move In

If you arrive on or after the lease start date and access is denied, you may be eligible for compensation or to have the tenancy enforced. Contact Service Nova Scotia for next steps (details in Resources section).

Key Forms and How Tenants Can Respond

When rental disputes arise before move-in, tenants may need to use official forms to address the issue:

• Form J – Application to Director: This is the main dispute application for tenants to ask for remedies under the Act. For example, if your landlord refuses to let you move in despite a valid lease, you would complete Form J – Application to Director to seek an order requiring the landlord to allow tenancy or to claim compensation. Submit this to the Residential Tenancies Office with supporting documents.
• Security Deposit Receipt: Always get a copy of your deposit receipt. Learn more in Understanding Rental Deposits: What Tenants Need to Know for deposit rules and how to reclaim your money if the lease is cancelled improperly.

Action Steps:

• Ask for reasons in writing if a landlord tries to cancel your lease before move-in.
• Gather documents (your signed lease, deposit receipt, any communications).
• Complete Form J to request assistance from the Residential Tenancies Program if needed.

What Happens to Your Deposit?

If you have paid a security deposit and the landlord wrongly cancels the lease, you are entitled to get your full deposit back. For more, see Understanding Rental Deposits: What Tenants Need to Know.

If the landlord withholds your deposit unfairly, you can request an order to recover it using Form J.

What Tenants Should Do After Signing the Lease

Once your agreement is signed, you have specific rights and obligations. Your next steps include verifying your move-in date, preparing for your move, and keeping copies of all agreements. To see what's next, read What Tenants Need to Know After Signing the Rental Agreement.

Staying Informed: Know Your Nova Scotia Tenant Rights

For a plain-language overview of your rights and rules in Nova Scotia, check Tenant Rights and Landlord Rights in Nova Scotia for a quick summary.

Finding a New Place or Exploring Options

If your lease falls through, you can Find rental homes across Canada on Houseme—Canada’s best rental listings platform for all types of rentals and budgets.

FAQ: Lease Cancellation Before Move-In in Nova Scotia

1. Can the landlord break the lease before the move-in date if I have already signed?
   Generally, no—unless both parties agree, or you have violated important terms. Your lease is binding once signed.
2. What if the landlord refuses to let me move in?
   You can apply to the Residential Tenancies Program using Form J to enforce your rights or claim compensation.
3. Will I lose my security deposit if the landlord cancels the lease?
   No. If the landlord cancels the lease without cause, you are entitled to receive your deposit back in full.
4. Who do I contact if my landlord tries to cancel the lease unfairly?
   Start with the Residential Tenancies Program—Service Nova Scotia for advice and application details.
5. What can I do after I’ve signed the rental agreement and am preparing to move in?
   Keep your documentation ready, check move-in arrangements, and read What Tenants Need to Know After Signing the Rental Agreement for more tips.

Key Takeaways for Tenants

• Once both parties have signed, a lease is legally binding in Nova Scotia.
• If your landlord tries to cancel before move-in, request reasons in writing and keep all documentation.
• Use official forms and contact the Residential Tenancies Program if you face lease cancellation issues.

Most lease issues can be resolved with good documentation and by knowing your rights. Seek help early if you have concerns.

Need Help? Resources for Tenants

• Residential Tenancies Program (Service Nova Scotia) – Forms, guidance, and contact information.
• Phone: 1-800-670-4357 (toll-free in Nova Scotia)
• Legal aid: Nova Scotia Legal Aid
• Tenants’ Rights: See Tenant Rights and Landlord Rights in Nova Scotia for an overview of all rules and protections.

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1. Nova Scotia Residential Tenancies Act, available in full with updates at Nova Scotia Residential Tenancies Act
2. Forms and applications at Residential Tenancies Program
3. Guidance for new tenants: Information for Tenants (PDF)

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