State Specific Question About: INDIANA (IN)

We had a tenant on a six month lease, lease ending today. We did not renew the lease with this person, because frankly, she was an idiot. Never once paid the rent on time, let pipes freeze during the cold snap around Christmas, etc. etc. Gave her 30 day notice of the non-renewal. Was in contact with her earlier today and said she would be done by 3.

Went to meet her today for the final walk through and to get the keys from her, and she is still moving stuff out. She had the electricity turned off, so there was no way to do a proper walk through -- checking to make sure all appliances are in working order, light fixtures, fans, etc.

She said she would have everything out later today. Did not have the patience to babysit her -- my time is a little more valuable than that.

Question is -- if she still there tomorrow, can we legally change the locks, since her lease is up today?

There are only 3 circumstances I know of where a land lord can (legally) change the locks:

1) The tenant has returned full possession of the premises to you.

2) The tenancy was terminated per a judge's eviction order, and it's the day of the set out.

3) The tenant has abandoned the premises per your state's laws on abandonment.

It does not sound like any of those 3 apply at this point. She still has possession, has not been evicted, and since she's been there recently abandonment doesn't apply.

As frustrating as it is, you have to wait for her to hand over those keys, or at the least give you written notice that she's done moving. Or you can evict her to make sure she's gone.

I know...it's beyond stupid how this works, but that's how it works...in my town at least.

My lease is clear: for every hour past noon the tenant holds over there is a fee of $10 due, plus charges if there were service personnel scheduled to show up and they bill me for their time being wasted.

No you cannot just change the locks. When a tenant fails to vacate on the last date of their lease then the tenant becomes a holdover tenant. Changing the locks is a self help eviction and it can only end badly for YOU.

If she is still there tomorrow you need to give her a Quit notice. If your lease allows you to recoup court costs I would include that in the quit notice. Also include that you will be filing for eviction today.

For future reference you need to become more familiar with your local and state landlord tenant laws. If a LL violates the LL/T laws the LL can be fined and in this instance if you lock her out the courts can force you to reinstate her tenancy regardless if the property is occupied by a new tenant.

The worst mistake a LL can make is underestimating a tenants knowledge of tenants rights.

What are the rules for changing locks in Indiana?

In Texas, for example, I can do a lock-out in a very specific way, usually to get their attention that we've got problems and we need to talk. One element is giving them five days' notice. (Actually, five days by mail. Three by hand-delivery. There are also other things, including posting a number they can contact me at, 24 hours a day, to get into the property, etc.)

So in my move-out letter, in addition to listing what they need to do, I also make sure to specify, "Please have all of your possessions moved out by [time] on [day]. I will change the locks and take possession of the premises the morning of [next day]." So, poof, I've given them notice that the locks are being changed on [date], and they generally have 30 days' notice, which is way more than the 3 or 5.

1. Assume that she will in fact be out tonight. Go by tonight or tomorrow morning to make sure she is out, and then change the locks.

2. If she is not out, go by tomorrow and talk to her. If she intends to be out by noon (or whatever), fine. Meet her at that time and change the locks.

3. If she is NOT leaving, it is time to try cash for keys. I'd tell her "I'll pay you $50 to surrender the keys at 5:00 p.m. tonight and to sign a document that says that you are out and that anything still here is abandoned junk."

I hate option 3, but you are pressed for time, so ...

DEANNA: Texas recognizes holdover tenants and does not allow the LL to just change the locks if they haven't left. It doesn't matter how your lease is written it violates state law so it is unenforceable.

We're on solid ground. In other states-- such as California or New York-- it's my understanding that tenants are unable to waive any of their rights. But in Texas, only certain rights are unable to be waived. For example, the tenant's right to a jury trial is one right that's protected to the extent that it's unable to be waived. Likewise, alllllll the paragraphs of stuff relating to the "health and safety of an ordinary tenant" and timelines and habitability issues are similarly unable to be waived in Texas. Or the ability to vacate the premises without penalty following an incident of family violence. Or the ability to vacate without penalty if they're a servicemember who gets deployed.

DEANNA:

In another post you indicated your lease includes the fact that you will change the locks the day after they vacate. But Texas also has rules regarding holdover tenants. If they don't respond to the 3 day quit notice you need to go through the courts.

N&P,

Indiana law says NO. She is still in legal possession of the home and "occupying the home" even if she does not sleep there.

This is considered CONSTRUCTIVE EVICTION (you DID something to physically evict) and is illegal. MY judge is patient but will threaten you with jail time for constructive eviction and has done it.

Just be patient and keep good, friendly communication.

We take the opposite approach from most LLs. We talk and HELP. I'll bring over my guys, truck, and trailer to help her get out NOW. "Mary, This is tough situation but with cooperation we can take the edge off. Do you need help with the big stuff? You bag and box everything and my guys will help you move it within reasonable distance like across town or to a storage unit."

Now I have my place back and can re-rent.

People are slow to move because they don't have time or help, or a place to put it.

BRAD