Landlord breaks lease before move-in

I signed a lease 2 weeks ago and just this past week I was told by the realtor that the landlord was terminating the lease to allow her son to move into the apartment. The lease was signed by both parties, although I did not have a chance to pick up my copy before getting the news. The realtor claims neither party will be held responsible since the landlord did not deposit my security deposit, thus no official transfer of funds, although she (the realtor) already cashed my first month's rent check as her commission. I will be getting my money back but shouldn't the landlord be held liable for breaking the lease (and leaving me one week to find a new place)?

[sunlover]

Regardless of status of deposit there was a "signed" lease the Landlord is bound by. You can pursue him in court and sue for your damages

Even if I don't have a copy?

You signed the lease. Copy or not, there is one with your signature out there. The fact that you wrote them a deposit check proves an intention of tenancy. They intended to rent to you by accepting that check. You may have a problem proving it was a lease term instead of month to month, but still there is proof of intention to allow you to move in. Tell the LL you intend to honor the agreement you signed and he is bound to honor it as well. Or take him to court.

It doesn't matter whether the check was actually cashed or not. The landlord entered into a contractual agreement when the lease was signed and accepted money.

They cannot arbitrarily decide to rent to a relative and terminate the lease. The landlord has broken the lease agreement.

I would definitely consult with an attorney on this one.

And you are legally entitled to a copy of your lease so get on the phone and demand it from the landlord. They are required, by law, to provide you a copy.

Incidentally, the realtor is incorrect in stating that "nobody will be held liable since the check wasn't actually cashed". This realtor is either very stupid or very manipulative and trying to shaft you.

I'd report this realtor's "advice" to his/her state's licensing board. Call them and you will find he/she's committed a license violation.