Legal Question in Real Estate Law in Indiana

Security Deposit Refund

My LL agreed to let me out of my lease if I could find someone to take it over. My aunt found someone for me. She didn't have a security deposit so I agreed to leave mine for her. She was to pay me an unstipulated amount weekly or monthly. I didn't talk to her at all so this agreement was made with her thru my aunt. I told LL to leave my deposit in place for her & she was to pay me back. She hasn't paid me anything and the lease she took over expired in Oct. My aunt contacted her about payment and she said she would bring it to her the next week but has not. I have tried to contact her but she will not answer my calls. My former LL says she can't give me deposit back because it is no longer mine. LL didn't have me sign anything in regards to the deposit. Is there anything I can do to get my deposit back? If I can get a signed notarize letter from her for the LL to release deposit to me would it hold up in small claims court? Please help!


Asked on 11/05/02, 1:17 am

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Security Deposit Refund

If you can get the tenant to assign her rights to the deposit via a formal assignment or by a limited power of attorney the landlord should let you have it back. However, while you are trying to get that from the sub-tenant, send a certified letter to the landlord stating that the deposit is yours legally since no new money was paid and that if he gives it to the sub-tenant that he does so at his own risk of having to repay you as well as the rightfull depositor. Good luck!!

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Answered on 11/09/02, 11:48 am


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