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

Planning your move into a new rental home in Nunavut can feel stressful—especially if you worry your landlord might want to cancel the lease before you even get the keys. Understanding your rights as a tenant is crucial to protect yourself and avoid last-minute housing surprises. This article explains Nunavut’s rules about lease cancellation before move-in, official forms, and your options if problems arise—including links to reliable resources and the laws that protect you.

Who Handles Tenancy Issues in Nunavut?

Residential tenancy disputes in Nunavut are handled by the Nunavut Residential Tenancies Office. This office oversees the application of Nunavut’s Residential Tenancies Act (Nunavut) and can help resolve conflicts between landlords and tenants¹.

Can a Landlord Cancel a Lease Before You Move In?

In Nunavut, a signed lease (also called a tenancy agreement) is legally binding—whether or not you have physically moved in. If both you and the landlord have agreed to the terms and signed the lease, you both have rights and obligations that are protected by law. A landlord cannot unilaterally cancel a lease simply because they changed their mind. There are some exceptions, but these are very limited and must follow the law exactly.

• Change of mind is not a valid reason: The landlord cannot cancel your lease just because they have found another tenant or decided to use the property differently.
• Mutual agreement: Both the landlord and tenant can agree in writing to end the lease before move-in. This agreement should be clear and ideally signed.
• Legal reasons: In rare cases, if a tenant gives false information on their application or the unit becomes uninhabitable (due to fire, flood, etc.), a landlord may have reason to terminate—always by following the process set out in the Nunavut Residential Tenancies Act.

If your landlord informs you they wish to cancel your lease before move-in, request their reason in writing and contact the Residential Tenancies Office for guidance immediately.

Your Rights and What to Do if a Landlord Tries to Cancel

Being told your lease is cancelled before you move in can be shocking. Here’s what Nunavut tenants should know:

• You have the right to the rental property as agreed in your signed lease, unless there is a legal basis for ending the agreement.
• If a landlord wants to cancel, they must provide notice, serve it in writing, and—if you do not agree—follow the proper legal process. This could involve applying to the Residential Tenancies Office to terminate the agreement.
• If you have paid a deposit or rent, you are entitled to get your money back unless you did something wrong that justifies keeping it.

Don’t sign another agreement or make alternative plans until you know your legal standing. Contact the Residential Tenancies Office for advice.

What Happens to Your Deposit?

If your lease is cancelled before move-in and you’ve already paid a deposit, the landlord must return all prepaid rent and security deposit unless you did something (like providing false information) that legally allows the landlord to keep it. For more on this, see Understanding Rental Deposits: What Tenants Need to Know.

What Forms and Processes Should Tenants Know?

• Application to End Tenancy (Form): Used if you are seeking to terminate the lease because the landlord is trying to cancel without proper reason. Complete the "Application to the Residential Tenancies Office" (no official may be numbered form; refer to Nunavut Residential Tenancies Office Forms). Explain your situation and attach a copy of your lease and any written communication from the landlord. Submit it to the Residential Tenancies Office.

For what to do after signing the rental agreement—including essential next steps—visit What Tenants Need to Know After Signing the Rental Agreement.

Tenant and Landlord Rights in Nunavut

Both landlords and tenants in Nunavut have legal rights and obligations once a rental agreement is signed. To learn more about these, see Tenant Rights and Landlord Rights in Nunavut.

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FAQs for Tenants in Nunavut

1. Can my landlord cancel my lease before I move in if they find another tenant?
   No, a landlord cannot cancel a signed lease simply because they want a different tenant. The lease is legally binding.
2. What if the unit is not ready or safe when I move in?
   If the rental is not habitable or safe, you can request repairs, negotiate a delayed move-in, or apply to the Residential Tenancies Office for help. For more on safety, see Health and Safety Issues Every Tenant Should Know When Renting.
3. How do I get my deposit back if the landlord cancels?
   Demand the return in writing. If not refunded, apply to the Residential Tenancies Office for recovery.
4. Do I need to use a specific form to challenge a lease cancellation?
   Yes. Use the "Application to the Residential Tenancies Office" and provide supporting documents like your lease and correspondence.
5. Where can I learn more about my rights before moving in?
   You can review the full list at Tenant Rights and Landlord Rights in Nunavut or contact the Residential Tenancies Office directly.

Conclusion: Key Takeaways for Nunavut Tenants

• In Nunavut, once you sign a lease, it is a binding agreement—cancellation by the landlord before move-in is only possible for specific legal reasons.
• If your landlord tries to cancel, know your rights and reach out to the Residential Tenancies Office for immediate help.
• Always keep written records and use the official application process for complaints or deposit recovery.

Staying informed helps you protect your tenancy and plan your move with confidence.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office – Get forms, information, and dispute support
• Email: tenancy@gov.nu.ca; Phone: (867) 975-7276
• Review the Residential Tenancies Act (Nunavut) for official legal information
• To better understand your rights, visit Tenant Rights and Landlord Rights in Nunavut

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1. Nunavut Residential Tenancies Office
2. Residential Tenancies Act (Nunavut)

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