Legal Question in Real Estate Law in Indiana

what about non-refundable deposits

i entered into a lease that read i was giving them a non-refundable deposit. the reason is because i was going to purchase the home in a year. i the home owner didn't want to have to pay the real estate agent. three months before the lease was up the home owner stopped making payments. she was keeping the money we had sent in for rent. we contacted the bank and he said the house was to far gone for us to purchase it. it was in the court system.

do we have a legal case to get our deposit back. it was a big deposit. we wrote her asking for it back but she said that she was keeping it to pay for damage to the home. (we took picturs of the total house, garage, and every room.) she also said that it was to pay for rent that we did not pay, although we have every check for every month.


Asked on 10/24/04, 10:09 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: what about non-refundable deposits

Even if the deposit is termed "non-refundable" in the lease, you need to sue her for a court to determine whether it was proper for her to keep the deposit. I doubt the deposit law allows for non-refundable deposits.

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Answered on 10/25/04, 10:06 am


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