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?

Asked on 8/12/13, 2:37 am

1 Answer from Attorneys

Pedro Rivera Law Office of Pedro Antonio Rivera
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 8/13/13, 1:10 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in New York

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now