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Indiana: Tenant changed locks, is now absent, late. I need access to show apartment.

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kutyadog

Junior Member
I own property in Indianapolis but have moved out of state.
My house has been for sale for 2 years.

I rented to a guy and agreed to allow him to move in and pay damage deposit over his first three months of rent (mistake).
Once he had possession he got all aggressive and told me he was not going to pay the deposit for various reasons. But he did still pay rent.

Until this month and he is now 11 days late on rent. Today I have mailed the 10 day eviction letter to start the process (tenant does not know this yet).

THIS IS THE LEAST OF MY PROBLEMS.

For the first time in two years, I have a person possibly interested in buying the property. I gave my renter notice to show the apartment (email and phone) and when they went, there were new locks on the doors so they could not see the place. I emailed the tenant last week and he responded and said he would contact the realtor and get him a copy of the key.

This is the last I have heard from him (6 days ago). Since then he refuses to take calls or respond to emails and texts. I am always friendly.

My highest priority right now is showing the property.

Can I hire a locksmith to go and remove the locks and put new ones on the door? I am not interested in LOCKING HIM OUT... I just want access to show to the potential buyer. I could leave a note on the door telling him he can call and get keys.

Indiana law says I have access to show the property. So does that mean I can break through the door if I need to? It also says it in the lease.

My biggest problem is I am 1000 miles away. Very very frustrating.
Any suggestions or advice is GREATLY GREATLY appreciated.

Thanks
cjWhat is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
If you go there and break in or arrange it , it better be because the house is on fire or flooding or has natural gas pouring out. Personally I have no problem with LLs who learn locks are changed to hire a lock smith , pick the lock , change it to a new one that CANNOT be removed by the tenant and to see to it the tenant gets a key and BILL the tenant for the un authorized alteration and the cost of correcting it. BUT since you dont live nearby I would suggest you wait and see what the tenant does about the unpaid rent and line up a atty to file eviction on your behalf based on unpaid rent so you can get the tenant out , get the unit cleaned up and presentable and get it sold.
 
Last edited:

Banned_Princess

Senior Member
I own property in Indianapolis but have moved out of state.
My house has been for sale for 2 years.

I rented to a guy and agreed to allow him to move in and pay damage deposit over his first three months of rent (mistake).
Once he had possession he got all aggressive and told me he was not going to pay the deposit for various reasons. But he did still pay rent.

Until this month and he is now 11 days late on rent. Today I have mailed the 10 day eviction letter to start the process (tenant does not know this yet).

THIS IS THE LEAST OF MY PROBLEMS.

For the first time in two years, I have a person possibly interested in buying the property. I gave my renter notice to show the apartment (email and phone) and when they went, there were new locks on the doors so they could not see the place. I emailed the tenant last week and he responded and said he would contact the realtor and get him a copy of the key.

This is the last I have heard from him (6 days ago). Since then he refuses to take calls or respond to emails and texts. I am always friendly.

My highest priority right now is showing the property.
Ok, good...

Can I hire a locksmith to go and remove the locks and put new ones on the door? I am not interested in LOCKING HIM OUT... I just want access to show to the potential buyer. I could leave a note on the door telling him he can call and get keys.
Yes you can have a locksmith over to change the locks / get in. then tenant gets the new keys too.

Indiana law says I have access to show the property. So does that mean I can break through the door if I need to? It also says it in the lease.
Yes you can, but then you have to fix it, I would include these expenses in the suit for eviction and judgment.

My biggest problem is I am 1000 miles away. Very very frustrating.
Any suggestions or advice is GREATLY GREATLY appreciated.

Thanks
cjWhat is the name of your state (only U.S. law)?
That is a big problem. Good luck.
 

TigerD

Senior Member
I rented to a guy and agreed to allow him to move in and pay damage deposit over his first three months of rent (mistake).
Once he had possession he got all aggressive and told me he was not going to pay the deposit for various reasons. But he did still pay rent.
No, he paid the deposit and the rent is late.

There is no point in changing the lock until after the eviction.

DC
 

justalayman

Senior Member
No, he paid the deposit and the rent is late.

There is no point in changing the lock until after the eviction.

DC
he doesn't have a key to get in, as it stands. That is why he needs a locksmith to do what it takes to change the locks.

that is, of course, unless the tenant has since supplied a key to the RE agent and the LL.
 

atomizer

Senior Member
There is no need to change the locks. A locksmith can let you in and you can show your property.

A bump key would also let you in.
 
Get your place back then change the locks and list with a broker. In that order. Your agent can provide a attorney to do the eviction for you.
 

justalayman

Senior Member
There is no need to change the locks. A locksmith can let you in and you can show your property.

A bump key would also let you in.
and how does the RE agent get in to show it a second time or a third time or to another client?

the landlord has every legal right to change the locks simply so he can have a key.

and a landlord does not have to resort to using a bump key.
 

justalayman

Senior Member
Get your place back then change the locks and list with a broker. In that order. Your agent can provide a attorney to do the eviction for you.
what are you guys missing? The LL cannot access the property until he has a key. If the tenant refuses to supply a key, the LL has no real options other than to change the locks so he can access his property.
 

TigerD

Senior Member
what are you guys missing? The LL cannot access the property until he has a key. If the tenant refuses to supply a key, the LL has no real options other than to change the locks so he can access his property.
The landlord seems to want to minimize his expenses. If he changes the locks, he must give the tenant a key. Then when he completes the eviction, he will have to change the locks again before renting the unit to someone else.

There is very little to be gained by doing prior to the eviction. The landlord doesn't want to do anything that can make a bleeding heart judge give the deadbeat anymore time. And locking out the tenant could do that.

DC
 

justalayman

Senior Member
he has a person interested in the property now. If he does not act now, the possible buyer may not want to wait the possible months it light take to evict just to view the property.



And locking out the tenant could do that.
who said anything about locking out the tenant? Of course the LL would be required to provide a key to the tenant.
 

kutyadog

Junior Member
Thanks everyone for the feedback. Much appreciated.

Tenant finally contacted me last night. It is the first contact in 6 days. It came after I had called him about 50 times, left probably 15 messages, 5 emails and 8 texts. All friendly. He wrote:

I have been staying with my ex-wife for the past couple of weeks because of the water pipes freezing in the bathroom. I stopped by a week ago (after leaving the space heater running all weekend) only to find that the both pipes in the bathroom were still frozen, and the hot water pipe had burst in the crawl space. I shut off the water and gas going to the hot water heater.

I had no other choice but to make different living arrangements. I plan on moving out this weekend, or next weekend at the latest. I will swing by there around 9:00am tomorrow and leave a key under the door mat Please advise me of any showings so I can plan accordingly as to not interfere.
I was obviously not pleased with this. So I wrote:

Four things. Very important.

1. Please make sure you follow through and leave the key in the morning. Otherwise I will have a locksmith remove the lock and will bill you for the services. Also, my realtor wants to know what mat you are referring to? Is there one outside?

2. Please give me an exact move out data asap.

3. The pipe/water damage is not adding more damage is it? I just want to make sure it hasn't been getting worse every day or anything. Why you have not told me about this so I could fix it is beyond me...... ridiculous! :(

4. Please do not wait for a week to respond. I need these answers tonight or tomorrow (Tuesday). Honestly, how cooperative you are in the next week will determine how cooperative I will be in letting you out of the lease. You have caused MUCH unwarranted stress in my life and at this point I tend to want to just be done with it and let you go. But if you continue to make things tough for me I promise I will take legal action.
I added #4 above because he has consistently lied about almost everything he has ever told me. His response:

Don't threaten me again fu**er. I've already taken pictures of all the code violations, including the space heater under the floor. You told me it was a light. Are you trying to catch the place on fire? Who's being ridiculous?

My uncle is a state senator and I'm quite sure he will make some phone calls for me regarding your violations, that is if you want to get into a pissing match.

The key will be there in the am under the mat on the porch of the carriage house. I will let you know when I'm out.
Since then I have limited my communication and plan to take him to small claims for lost rent and any damages. There are no code violations that I know of and am not concerned. I had heard this is a common threat to landlords once things get hairy.

He did text me this morning and said he dropped the key off.

Question for me now, at this point. Do I continue moving forward with the eviction? Or just let him leave on his own? In my mind he said he would move out the weekend after next. So I feel I have legal right to the property at that point.

Crazy how low some people can get. It would have been very easy for him to help me out with this key issue... Though I did try to contact him like crazy yesterday, I never said anything angry or mean.

I am wondering if I can sue him for costs to coming to Indiana to take care of this issue?

Thanks again for all the help.
cj
 

justalayman

Senior Member
regardless of what else you do, you need to get a plumber in there NOW. If there are broken pipes and they thaw, you are going to have water, water, water.

depending on why the pipes froze, you might have a claim against the tenant for any damages but you must take action to mitigate your damages. You have now been notified there are frozen pipes and any additional damage will likely be seen as something you could have prevented.
 

Ozark_Sophist

Senior Member
Ot

The landlord seems to want to minimize his expenses. If he changes the locks, he must give the tenant a key. Then when he completes the eviction, he will have to change the locks again before renting the unit to someone else.
I recently installed new locksets at my home that have the capability to be rekeyed without assistance of a locksmith or removal of the locks. All I have to do is insert and turn the old key, use a provided tool, insert the new key, and lock it (or something like that). Lock is rekeyed is less than a minute.
 

Banned_Princess

Senior Member
Since then I have limited my communication and plan to take him to small claims for lost rent and any damages. There are no code violations that I know of and am not concerned. I had heard this is a common ... (sorry lost)
It is very very common for tenants to threaten with code violations but as long as it is to code, then you are good money.


Question for me now, at this point. Do I continue moving forward with the eviction?
I absolutely would. You can get your judgment for your losses in this process.

Or just let him leave on his own? In my mind he said he would move out the weekend after next. So I feel I have legal right to the property at that point.
Not until he literally says he is out. he has to in fact be out, for you to take control of the property.


Crazy how low some people can get. It would have been very easy for him to help me out with this key issue... Though I did try to contact him like crazy yesterday, I never said anything angry or mean.
Sometimes people are just angry, and mean.. no matter what.

I am wondering if I can sue him for costs to coming to Indiana to take care of this issue?
You can certainly add that to your complaint, it will be decided by the judge.
 

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