Legal Question in Real Estate Law in Indiana

My boyfriend and i lived in an apartment. We needed a bigger place to stay so my mom agreed to stay there and pay the remaining 4 months rent (nov 2010-April 2011).. A week before februarys rent was due my mom told me she was leaving and we had to find a way to pay rent. My boyfriend now has an eviction AND owe's the apartment complex 2500. We didnt have a written lease but a verbal agreement that many can vouch for. Could i take her to small claims court?

there is one twist, the apartment complex doesnt technically allow subleasing, but my mom still agreed to pay the remaining months rent.


Asked on 3/16/11, 12:10 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Yes, legally you are permitted to sue your mother in small claims court if she agreed to pay the rent in exchange for living there. It is not a defense to the lawsuit by the apartment complex.

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Answered on 3/16/11, 12:13 pm


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