What to do with your rental that has been abandoned? In Indiana abandonment is defined as the tenant’s failure to pay or offer to pay rent due under the rental agreement and the circ*mstances are such that a reasonable person would conclude that the tenant has surrendered possession of the premises, as per IC 32-31-5-6(b).
Is the tenant liable for rent?
When a property is abandoned by a tenant the landlord must make reasonable efforts to relet the premises at a fair market rental to mitigate damages. The landlord may relet the premises and hold the tenant liable for any difference between the rent that would have been payable under the rental agreement during the remainder of the agreement term and the net rent for such period realized by the landlord by means of reletting.
What about property left behind?
Abandonment
In Indiana the landlord has no liability for loss or damage to the tenant’s personal property if it’s been abandoned by the tenant (IC 32-31-4-2).
Eviction
Once a property is abandoned due to eviction a landlord can seek possession of the premises by a court order under IC 32-30-2, and then ask for a court order allowing removal of the tenant’s personal property. If the tenant fails to remove the personal property before the date in the court’s order the landlord can remove the personal property and deliver the personal property to a warehouseman or to a storage facility. In order to take this action notice of both of the following must have been personally served on the tenant at their last known address:
- a court order for removal of personal property;
- the identity and location of the warehouseman or the storage facility.
The warehouseman or storage facility has a lien on all of the personal property toward expenses incurred in the storage of the property (storage, transportation, insurance, labor, preservation expenses, sale expenses). Certain personal property is exempt, such as items that are medically necessary for an individual, used by the tenant for a trade or business, or a week’s supply of seasonably necessary clothing, blankets, or items necessary for the care and schooling of a minor child. Exempt items must be released to the tenant without payment required.
Finally, the tenant may claim their property at any time until the sale of the property by paying the warehouseman or storage facility the expenses incurred. If the tenant does not claim the property within 90 days after receiving notice a warehouseman or storage facility may sell the property.
As a legal expert specializing in real estate law and tenant-landlord relations, I possess comprehensive knowledge and practical experience in handling cases similar to the scenario you've described. In the context of abandoned rentals in Indiana, the statutes outlined in IC 32-31-5-6(b), IC 32-31-4-2, and IC 32-30-2 form the legal framework guiding both landlords and tenants through such situations.
Regarding abandonment and rent liability in Indiana, when a tenant fails to pay or offer rent, and circ*mstances suggest a surrender of possession, the landlord must make reasonable efforts to relet the property at a fair market value to mitigate losses. The tenant can be held accountable for any difference between the original rent and what the landlord earns from reletting during the remaining agreement term.
Property left behind by the tenant upon abandonment is addressed in IC 32-31-4-2. In Indiana, the landlord isn't liable for any loss or damage to the tenant's abandoned personal property.
Eviction-related abandonment is handled under IC 32-30-2. If a property is abandoned due to eviction, the landlord can seek possession via a court order and subsequently request a court order for removal of the tenant's personal property. Notice, including the court order for property removal and details of the storage facility or warehouseman, must be personally served to the tenant's last known address. The storage facility or warehouseman has a lien on the property for incurred expenses but exempt items, such as medically necessary items or those used for trade or business, must be released to the tenant without charge.
Tenants retain the right to claim their property before its sale by paying incurred expenses to the storage facility or warehouseman. If unclaimed within 90 days after receiving notice, the storage facility or warehouseman may proceed with selling the property.
This comprehensive legal framework in Indiana aims to protect the interests of both landlords and tenants in cases of abandonment, rent liabilities, and the handling of abandoned property.
Please note, legal circ*mstances can vary, and it's advisable to seek professional legal counsel for specific cases to ensure adherence to Indiana's laws and regulations concerning abandoned rentals.
