Legal Question in Real Estate Law in New York
Can my roommate legally demand to receive her portion of the security deposit back if she agrees on paper to forfeit claim to the security deposit upon the move-in of a new roommate and in exchange for breaking her roommate agreement and lease?
1 Answer from Attorneys
It depends. Here, your roommate left before the end of lease term. You have the duty to mitigate the damages - meaning you have to make an effort to try to find a replacement roommate. The losses incurred by you would depend how long it takes for you to find a roommate to offset the amount covered by your former roommate.
Your former roommate certainly is within her right to pursue a claim for return of security deposit. And you can properly sue her for breach of lease and counter-claim for the loss you incurred.
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