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.