How to Get Out of a Sublease

[caschmid]

My question involves landlord-tenant law in the State of: Indiana.

I recently signed a sublease, my mother signed the guarantor form, she paid the 300 dollar deposit.

I signed the sublease packet, BUT my sublessor has told me she will unable to move out on Monday- even though that is when my lease begins, and she cannot move out until Tuesday.

Section of sublease states:
FAILURE TO OCCUPY PREMISES- If, for any reason, except for delay caused by construction, the holding over
of a prior resident, or disapproval of the rental application, the undersigned does not take occupancy of the Premises as
provided for in the Lease, the Security Deposit shall be retained by owner as liquidated damages for its time and
expense.

This means I can have my deposit returned to me, and break the sublease correct? I do not want to do business with this woman anymore.

[Mr. Knowitall]

If you read that clause, it states that if you do not move in your landlord gets to keep your deposit.

I don't know how material a one day delay in your move-in date is, or whether you have some other motive for trying to get out of the lease. If you tell your landlord that if you can't move in tomorrow (your move-in date) and that you'll have to cancel the lease if she can't provide occupancy per its terms, you'll find out if she'll either accelerate her move-out to give you possession, refund the deposit and tell you to have a nice life, or keep the deposit and leave you to sue her in small claims court.