Legal Question in Landlord & Tenant Law in Indiana

My friend and I moved in together last December and we split the $500 deposit fee. In May we started dating but still shared the rent. We subleased the house in August to a friend in need and moved in with a relative while we searched for another place. The landlord exercised his right to hold the deposit as the new tenant did not have the funds to cover it. This past December the deposit was given back in the form of a check to my then girlfriend. We did not talk about where the money was going to go, but since it was written out to her, as she had a closer relationship with the landlord, she deposited into her account and then spent it. Am I entitled to what was my $250?

Forward ahead to this past December, we find another place and I pay the $550 dollar deposit and we both sign the lease. Two weeks later, she asks for some time apart, so I leave for two weeks and she has moved out of the apartment. The landlords were kind enough to break the lease and give her the deposit back as she was the only one there. Am I entitled to the $550 or at least half of that? I understand small claims court is just a waste of everybody's time, but I am bitter at this point. Thank you


Asked on 2/14/17, 8:12 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

Part of your answer might be in the written lease. If you were both on the lease, and you each split the deposit, you would be entitled to your half back. If you didn't have a lease, chalk it off to experience. You should always get things in writing.

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Answered on 2/16/17, 1:54 pm


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