Can I break my lease before I move in?

We found no Alberta rule that gives a tenant the right to cancel a signed lease before move-in. Written, oral and implied agreements are all covered, and there is no mandatory form. We found no rule on holding deposits. The Act does not ban or cap application fees; the handbook only says a person who does not want to pay one does not have to apply.

Ask the landlord for a written release. The government says a landlord who claims rent for a fixed term that ended early must take reasonable steps to re-rent (the repudiation rules are in s.27). See can a landlord keep a holding deposit for more on deposits.

The landlord must prepare a written tenancy agreement, and it is an offence not to (s.95(1)(a)), but oral and implied agreements are still covered and the standard form (RTB-1) is not mandatory. The government's deposits page says paying the deposit establishes the tenancy. We found no separate rule on holding deposits. A security deposit is limited to half a month's rent, with a separate pet damage deposit of up to half a month. Application fees are not allowed.

We found no cooling-off period. If you want out, ask for a mutual agreement to end the tenancy (the RTB-8 form). A party who claims compensation for a loss must do whatever is reasonable to minimize it (s.7(2)).

The Manitoba Act has no section on holding deposits. Application fees are banned, and a security deposit cannot be required until the tenancy agreement is made. Oral, written and implied agreements are all valid; a written agreement is required only when the landlord requires a guarantor or the tenancy includes tenant services. The standard residential tenancy agreement is Form 1.

We found no right to cancel a signed lease before move-in. A fixed-term tenant is otherwise responsible for the rent until the end of the term. Where a tenant abandons a unit, the landlord must endeavour to re-rent as soon as practicable and has a duty to minimize its losses (s.55(2), (3)); we found nothing on how that applies if you never move in, so ask the Residential Tenancies Branch.

We found no specific Saskatchewan rule on holding deposits. A security deposit may be required only when the tenancy agreement is entered into, and only one deposit per tenancy is allowed. Application fees are banned (s.23), and collecting future rent in advance is banned (s.40). Oral and implied agreements are covered, and a fixed term of three months or longer must be in writing (s.20).

We found no right to cancel a signed lease before move-in. A landlord claiming a loss must take reasonable steps to minimize it (s.8(2)). Ask the Office of Residential Tenancies if you are not sure whether money you paid should be returned.

Ontario has no separate holding-deposit concept. Money paid before move-in is a rent deposit, which the landlord may require only on or before entering the agreement (s.106(1)), and it must be repaid if the tenant does not get vacant possession (s.107(1)). Application fees are banned (s.134(1)(a)). Most private tenancies must use the standard lease, which must be signed on or before the day the tenant may move in, though a lease not on the form is still valid (s.12.1(11)). Agreements are covered whether written, oral or implied.

We found no right to cancel a signed lease before move-in. When the LTB works out arrears owing, it considers whether the landlord took reasonable steps to minimize its losses (ss.88(4), 16). We found nothing on how that applies if you never move in.

No section of the New Brunswick Act names holding deposits. The Act voids a requirement to pay any amount other than rent, a security deposit or a reasonable amount for services (s.8(4)). A written lease on the Standard Form is required (s.9(1)), and an unsigned or oral tenancy is deemed to be on it (s.9(5)). No section names application fees; s.8(4) may reach them, but we found no government statement that it does.

We found no right to cancel a signed lease before move-in. A tenant who leaves can face damages, including lost rent, and the landlord must mitigate to the extent contract law requires (s.11(4)). Ask a residential tenancies officer if you are unsure.

The provincial Renting Guide says any money taken by a landlord before the lease has been signed or before rent is due is considered a security deposit. The application fee is banned (s.6(1)), and the security deposit is capped at half a month. The standard form of lease (Form P) is mandatory (s.8(2A)); a written lease without the form, or an oral agreement, is treated as if the standard form was signed (s.8(4), (5)).

We found no right to cancel a signed lease before move-in. A tenant who leaves without proper notice stays responsible until the unit is re-rented, and the government's Ending guide says the landlord must make attempts to re-rent. Ask the Residential Tenancies Program how the deposit is treated in your case.

Only one security deposit is allowed, the Act bars any other deposit (s.12(2)), and a separate holding deposit is not allowed. The application fee is banned (s.12(1)). From April 8, 2023, the landlord must prepare a written agreement (s.11(1)); oral and implied agreements are still covered.

We found no right to cancel a signed lease before move-in. An ordinary notice cannot end a fixed term early (s.55(3)(b)). If a tenant abandons the unit, the landlord must mitigate to the extent contract law requires (s.46). Contact the Rental Office if you paid money and are unsure whether it must be returned.

The Newfoundland and Labrador Act does not regulate holding deposits, and the Residential Tenancies Office has treated them as outside its jurisdiction because a rental agreement has not yet been entered into. Written, oral and implied agreements are all covered (s.2(h)). An implied agreement can arise when the tenant pays rent or a deposit and the landlord accepts it. The landlord must give written notice of an oral or implied agreement within 10 days (s.7(3)).

We found no right to cancel a signed lease before move-in. If a tenant abandons the unit, the landlord must mitigate to the extent contract law requires. Because a dispute over a holding deposit may fall outside the Office, get any release in writing.