Legal Question in Real Estate Law in California

Re: Roommate has broken lease but wants return of security deposit

No one doesn't totally forfeit her rights to the security deposit by breaching the lease. She does, however, stand to have the other parties' actual losses deducted, which may or may not use up the full deposit. The remaining tenants may have an obligation to mitigate by trying to find a short-term successor roommate, but because roommate situations are so personal and the time remaining on the main lease is so short, this is more of a theoretical than an actual real-world requirement.

Re: Roommate has broken lease but wants return of security deposit

The facts surrounding the security desosit are unclear. Did the 3 tenants pay the security deposit to the landlord? That is if the landlord is holding the security deposit, then there is no deposit to refund at this time since 2 of you are still remaining. Of course, once the lease ends and the landlord releases the security deposit then she will be entitled to her share. However, if you are holding her security deposit then you will need to return it within 3 weeks after she moves out less any deductions for damage to the premises.

As for damages for her breaking the lease prematurely, you will have a duty to mitigate your damages by attempting to find a new roommate. If you can't resolve the problem with her, you could consider going to small claims court.

In the meantime, the remaining tenants are still liable to pay the full rent to the landlord.