Locked Out, Threats to Smash or Sell My Property

My question involves an eviction in the state of: Indiana

*edit* this is for a business property

I signed a lease, but after several requests and 6 months he has not got me a copy yet.

I do remember that it stated rent was do on the first, and there was some outrageous late fee charged daily. He stated not to worry about it, and he has accepted rent late in the past, as I live over an hour away.

In the past couple of months business has dropped off and its become harder to pay the rent, I paid July on the 13th, and told him it probably would be another 30 days before I could pay again, he stated it was ok.

The first part of this month I was hospitalized for 8 days, and when I was released I went to check my mail for the property and just my luck he had sent a certified letter, but it had been sent back to him that day.

I then went to the property, and the entry door locks were changed. I tried calling him, but his cell phone was off, and it went straight to voice mail. Since I know where he is employed, I went there to talk to him. I offered him everything I had in my pocket, which was a lil over 1/4th and ask for access to my things, so I could try and sell some to make rent for the month.

He informed me that he did not want it, and that he thought I was 2 months behind, and he had someone coming to look at my unit. After pleading with him for 30 min he still denied me access, or my property back and stated " that he could get into my building at anytime and smash things if he wanted to"

I am really in a bind because I really did offer him the last of the money I had, he refused. I probably need an attorney, but that will definitely cost more than what I have. I do not have the option of selling or pawning anything, because its all in the building. As I was staying there on and off, when I couldn't crash at a friends house.

Do I have any recourse?

Yes you have recourse. What he did is illegal. He has to follow the law and obtain a legal eviction. He can NOT change the locks. He also committed trespass and you could have him arrested. I have actually seen that done, even when the landlord is just renting a room in his own house.

Not having a copy of the lease might be a problem, but I am sure you have canceled checks, receipts, etc. Possibly utilities in your or business name.
Witnesses, etc.

Personally I would get a locksmith and have the locks changed myself were I in your situation.

At minimum, I would take him to small claims court for equitable relief to have the locks changed back, etc. and for money damages.

Go to legal aid, and see if they can help you. Indiana evictions must go through a court. It's not legal for him to lock you out of your unit without having properly evicted you, nor to retain your property after illegally locking you out.

Well, he's retained an attorney, and filed for "Immediate possession", but had all the paperwork sent to the main address for the property(he gets it, not me).

I found this out when I went to pay him the amount we agreed on from our convo last month. Thankfully he was feeling honest and told me he had filed.

So I went to the clerks office to get the details.

I have started to move my tools, and cars out, but cannot get them out by the next hearing, which is Thursday!

Does "Immediate Possession" really mean that? as in I go in front of the judge, and anything that's not out by then, is now his?

No, it doesn't mean he gets to keep your stuff.

It means that the sheriff's department can (and will) come out and put your stuff to the curb.

Quote:

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Quoting LawResearcherMissy

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No, it doesn't mean he gets to keep your stuff.

It means that the sheriff's department can (and will) come out and put your stuff to the curb.

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That day? all I need is a few more days.... I can't move anything because of this rain :wallbang:

Commercial leases are not nearly as protective to the tenant as their residential counterparts. To evict or lock out a residential tenant can be a lengthy process; a commercial tenant could certainly be locked out without notice for a minor breach. If this is permitted by your jurisdiction or is identified in your lease as a remedy to default, then a court order may not be necessary.

You need to research your state commercial landlord/tenant laws and/or consult an attorney.

Do you actually have authority to back up your claim that "a commercial tenant could certainly be locked out without notice for a minor breach"? I don't see anything that excuses commercial landlords from following Indiana's eviction laws. What state are you talking about?

No. Which is why I told the OP to research his commercial landlord/tenant laws or to consult an attorney. In many states, commercial evictions can be achived by self-help. I tried to reseach Indiania law...but the statues I found ONLY apply to residential...not commercial tenants.

Do you have the authority to back up YOUR claim that residential eviction statutes also apply to commercial evictions?

If you can't back up your words, why not simply admit that you can't. It's not up to others to prove you wrong.

We're looking at the same statutes. I'm not seeing the one you claim exempts commercial tenancies from all Indiana landlord-tenant laws, let alone that would suport the claim that "a commercial tenant could certainly be locked out without notice for a minor breach". As you have found that language in the statutes, why not simply tell us the citation for it?

Incidentally, why do you believe the landlord in this case went to court and filed a motion for immediate possession of the premises if, as you claim, he could simply lock the tenant out?