Cancellation Rights When the Construction of a Life Lease Complex is Not Completed
What can a tenant do if their unit isn’t ready by the date the landlord promised?
The landlord must tell the tenant the date they expect the tenant’s unit to be finished and livable. If the unit isn’t ready for the tenant to move in within 30 days of that date, the tenant may cancel the life lease. If the tenant cancels, they can ask the landlord for a refund of the entrance fee.
In some cases, the landlord may not be able to complete the project on time because of something the landlord couldn’t control, like the weather for instance. The landlord may then ask a judge of the Court of Queen’s Bench to allow them more time to finish the project. If the landlord does apply to the Court, the tenant will get a chance to tell the judge why they don’t think the landlord should get more time. If the judge agrees with the landlord, the tenant won’t be able to cancel the life lease. If the judge doesn’t give the landlord more time, the landlord will owe the tenant a refund of the full entrance fee. When a landlord is refunding an entrance fee because the unit wasn’t ready on time, they must refund the money within 60 days of the date the life lease is cancelled.
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