Asked in Landlord - Tenant for Indiana

Q: I have a question about a deposit that was made by a friend towards my apartment a year ago.

The person is not on the lease agreement. My landlord 8s willing to allow part of the deposit to be used towards back rent. It also states in the lease that this is allowed. The person that made the deposit isn't giving permission, are they legally able to do that?

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1 Lawyer Answer

A: If there is a security deposit, the landlord can use the security deposit to offset any damages outside of ordinary wear and tear to the rental property as well as any unpaid bills or back rent that is owed. If your roommate does not agree with the landlord then he is free to dispute the withholding of the security deposit in small claims court.

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