Landlord turned my electric off to remodel the outside

[Michaelgoody40]

My landlord shut off the power to do some remodeling on his building. It isn’t any repairs that are an emergency or anything, just cosmetic. I was told I couldn’t be there for 3/5 days and they won’t reimburse me for a hotel. I didn’t request this work, and had to find a pet friendly motel and lost my frozen foods. Is this legal in Indiana?

 

[adjusterjack]

Is this legal in Indiana?

No.

See the Indiana landlord tenant statutes sections 32-31-8-5 and 32-31-8-6:

https://law.justia.com/codes/indiana/2018/title-32/article-31/chapter-8/

I suggest you start with a written demand letter for your costs based on the non-compliance with the statute.

If he doesn't reimburse you, then sue him in small claims court.

Do not withhold rent as that will get you evicted.

 

[LdiJ]

My landlord shut off the power to do some remodeling on his building. It isn’t any repairs that are an emergency or anything, just cosmetic. I was told I couldn’t be there for 3/5 days and they won’t reimburse me for a hotel. I didn’t request this work, and had to find a pet friendly motel and lost my frozen foods. Is this legal in Indiana?

No, its not. The landlord should have provided you other accommodation and certainly should have given you enough warning that you could have either used up or temporarily moved your frozen food.

You could certainly sue your landlord in small claims court for the cost of the motel and the food that you lost. Unfortunately, the downside to doing that is that you would create a hostile situation with your landlord and your landlord is almost guaranteed to refuse to renew your lease when it ends. You'd probably have to sue to get your deposit back as well.

The reality of things is that any landlord who would do what your's did is not a good landlord and you probably should plan to leave when your lease is up anyway.

 

[Michaelgoody40]

No.

See the Indiana landlord tenant statutes sections 32-31-8-5 and 32-31-8-6:

https://law.justia.com/codes/indiana/2018/title-32/article-31/chapter-8/

I suggest you start with a written demand letter for your costs based on the non-compliance with the statute.

If he doesn't reimburse you, then sue him in small claims court.

Do not withhold rent as that will get you evicted.

Do the same laws apply if there is no lease agreement? When I was given the information about the electric being turned off and that they needed access, I told them that was my weekend I have my daughter for thanksgiving and asked if they have any suggestions as to where I’m suppose to go. I said I guess my only solution is a pet friendly hotel. She replied “at your own expense, I will prorate the days we need access off next month.” My step mother owns the building and has a tenant at the bottom unit who uses it for an office, they have a lease agreement. I was told that I am to pay cash for mine each month. I’ve lived here about four years paying cash.

 

[westside]

Do the same laws apply if there is no lease agreement?

Yes

 

[adjusterjack]

I will prorate the days we need access off next month.”

If she does and that satisfies you, OK.

My step mother owns the building

Bad idea doing business with family.

I was told that I am to pay cash for mine each month.

So she doesn't have to report the income to the IRS.

paying cash.

Any documentation of your payments? If there was ever a dispute about whether you paid or not, could you prove that you paid? I don't mean showing bank withdrawals because they don't prove where the money went.

 

[Michaelgoody40]

If she does and that satisfies you, OK.



Bad idea doing business with family.



So she doesn't have to report the income to the IRS.



Any documentation of your payments? If there was ever a dispute about whether you paid or not, could you prove that you paid? I don't mean showing bank withdrawals because they don't prove where the money went.

it doesn't satisfy me, because the repairs to the siding wasn’t caused by me or an emergency. I have all my landscape equipment there as well, and I have cameras on everything which won’t work with the electric off. Then to have to rearrange thanksgiving with my daughter and change plans on their end as well.

The only proof I have would be two checks I wrote to her about three years ago, and the text message she sent stating pro rating rent. I debated letting the irs know that she’s not claiming the income

 

[Michaelgoody40]

If she does and that satisfies you, OK.



Bad idea doing business with family.



So she doesn't have to report the income to the IRS.



Any documentation of your payments? If there was ever a dispute about whether you paid or not, could you prove that you paid? I don't mean showing bank withdrawals because they don't prove where the money went.

I’ve always paid and she is the type to evict me if i was to miss one month, but I know that’s not documentation for payment. I’ve always paid on time and am current

 

[adjusterjack]

I suggest you go back to paying by check or money order and keep copies.

 

[FarmerJ]

Personal check would be easier for you should you need to get a copy of a canceled check or should she claim she didn't get a money order in the mail your not having to go thru lots of nonsense to get a duplicate or be out the extra money while having to pay it again while waiting for a refund compared to a personal check or even a check from your business since you could stop payment sooner if she claimed it was lost. next time around where she claims she must turn off your power you tell her you will use a generator but your not leaving !

 

[Michaelgoody40]

Personal check would be easier for you should you need to get a copy of a canceled check or should she claim she didn't get a money order in the mail your not having to go thru lots of nonsense to get a duplicate or be out the extra money while having to pay it again while waiting for a refund compared to a personal check or even a check from your business since you could stop payment sooner if she claimed it was lost. next time around where she claims she must turn off your power you tell her you will use a generator but your not leaving !

She wasn’t turning the electric off due to any type of rent issue, they were moving the electric box and it’s in my kitchen, she had the electric company shut it off friday morning through tomorrow afternoon. I couldn’t find anything that specifically said they can’t do that or that they are required to make sure they reimburse for any hotel accommodations. What I read was mainly codes on landlord shutting it off for a tenant who won’t move out I thought.

 

[Michaelgoody40]

No, its not. The landlord should have provided you other accommodation and certainly should have given you enough warning that you could have either used up or temporarily moved your frozen food.

You could certainly sue your landlord in small claims court for the cost of the motel and the food that you lost. Unfortunately, the downside to doing that is that you would create a hostile situation with your landlord and your landlord is almost guaranteed to refuse to renew your lease when it ends. You'd probably have to sue to get your deposit back as well.

The reality of things is that any landlord who would do what your's did is not a good landlord and you probably should plan to leave when your lease is up anyway.

She is horrible. Unfortunately it’s my step mom and she makes me pay cash and I don’t have a lease. This is her way to have some control over me. Early this year she called me and told me she’s going to increase my rent, but if my company will mow the property she has for sell, it’ll remain the same. Every time we mowed it, there was some sort of issue with debris there causing damage to my equipment. I finally stopped mowing and it’s been like this ever since.

 

[Michaelgoody40]

I suggest you go back to paying by check or money order and keep copies.

Would I be entitled to reimbursement if I pro rated rent this month as well or is it pretty much one or the other

 

[adjusterjack]

Unfortunately it’s my step mom and she makes me pay cash and I don’t have a lease. This is her way to have some control over me.

Then it's high time you cut the apron strings and went out on your own.

Would I be entitled to reimbursement if I pro rated rent this month as well or is it pretty much one or the other

Could be both if a rent abatement doesn't cover your costs.

You'll probably end up in court over it. Which will make things even more hostile. Which will be an even better reason to get out.

 

[Michaelgoody40]

Thank you for your help, they managed to unhook my WiFi as well, and damaged the cable as they hung it on a telephone pole, I asked if she would meet the cable company when they arrived because I’d be working. Of course she wouldn’t, so I had to reschedule my day for their negligence. Im doing her demand letter today. Thanks again for everyone’s help.