I signed a lease for a condo unit starting September 1, 2026, after completing a virtual tour and signing the contract remotely on August 15. On August 28, I paid a security deposit equal to one month’s rent.
On August 29, the landlord allowed me early access to drop off some belongings. Upon entering, I immediately noticed a severe pet odor. The owners assured me they would address it, so I went ahead and paid the full first month's rent on August 30.
When I requested an update on August 31, they admitted that while cleaning was underway, the odor would still linger. At that point, I stated I did not want to move forward and requested a full refund of my rent and deposit. They initially insisted on further cleaning, but when I stood firm, they claimed I had breached the lease simply by signing it back on August 15, and stated they needed to seek legal counsel. I explained to them that under Section 16 of the Alberta Residential Tenancies Act (RTA), signing a lease simply establishes the agreement; a tenancy does not legally commence, nor do full tenant obligations begin, until the agreed-upon effective start date. Because the lease date was September 1, signing on August 15 did not constitute a breach, and they could not legally withhold my funds.
Later that day, I went to retrieve my belongings. The property owner was present, listened to my concerns, and offered a reasonable compromise: deep-clean the unit, amend the lease start date, and refund 15 days of rent. I agreed.
However, after speaking privately outside, the landlord returned and claimed I was being "aggressive and shady" for bringing up the law, stated they were no longer comfortable renting to me, and asked for my response. I maintained my position, agreeing that we shouldn't proceed if that was their stance.
When I asked for my funds back, they again alleged I was in breach of contract and reiterated that they were seeking legal advice.
I chose not to argue further, but I gave them a strict deadline of September 3, 2026, to return my full deposit and first month's rent before I escalate the matter legally. Is this the right move?