Commercial Eviction in Indiana

[zeppelin414]

My question involves an eviction in the state of: Indiana

My husband owns an auto repair shop in Indiana, we were on a lease with option to purchase, no expiration date. The lease states written notice must be given 30 days prior to eviction then no court order is required. We were almost a year behind, the landlord was in there on a daily basis, always saying things will turn around, then we came to an agreement in early August that we would split the profits (verbal). He shows up with the local police chief the Friday before Labor Day with a copy of the eviction portion of the lease that said we had to be out and that the locks had been changed, we were told that we would be arrested if we entered the building. He got a court order the following Tuesday which we received Friday. We have got an attorney but he says that he thinks it's legal because it's commercial instead of residential without a court order until we go to court. He specializes in bankruptcy. If anyone knows a statute or a case to cite, please let me know. My husband has several vehicles and personal tools, along with all of our personal documents etc in this building. We were not expecting this at all, this man begged us to start the business, then kept telling us all would be ok. Any help would be greatly appreciated.

[Mr. Knowitall]

Indiana's landlord-tenant statutes seem pretty sparse. Here's one:

If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless:

(1) the parties otherwise agreed; or

(2) the tenant pays the rent in full before the notice period expires.

The most obvious thing to do is to pay your rent arrearage and/or come to an arrangement the landlord finds acceptable, so you can regain possession.