Is there a breach of contract even if the rent period hasn commenced yet?
First questions, yes he landlord has the right to the deposit. Additionally, you are responsible for any rent due until he rents the place back out. He/She must make a resonable effort to rent the property back out (ads in teh paper, for rent sign, etc). If it takes him/her 2 months to rent the property out then you are responsible for the two months rent (it sounds like you first months rent so you would only owe the second months rent). Second Question – Yes, this is a breach of contract. You signed a lease (contract) stating what the landlord was providing and what you would pay for those items. A lease is valid from the moment it is signed. This is to protect both parties. For example, say the lease did not take effect until the “Commencement date”. The landlord could continue to shop the apartment around during that time and find someone who would pay more. He/She could then tell you “well, the commencement date hasn’t hit yet so I am terminating our potential agreement”. It isn’t
