First, please, please, PLEASE don't comment just to tell me to ask an attorney. I am going to ask an attorney. Here, I'm just looking for anecdotal info from anyone who's dealt with a situation like mine. I understand nothing you tell me should be considered legal advice.

Now, here's the what happened:

Tenants signed in April 2014. 12-month contract, paying weekly on Saturdays. They skipped a payment on June 1, but caught up a couple weeks later. Then they skipped again in July and they haven't been caught up on payments since July 13. They got close four weeks ago, but then dropped farther behind again, so I gave them 10 business days' notice to pay or quit on 8/12/14. They haven't paid a dime since then.

Yesterday, the 9th business day, I asked them when they would like to return keys today. They said, since their car had to be towed, there was absolutely no way they were going to be able to move out until Saturday. Having heard that story several times, I got the paperwork together to (finally) file for eviction (I know, I know - only suckers wait that long. Lesson learned). This afternoon, I was at the courthouse filing for an emergency possession hearing (because they had reported leaking pipes...which I verified were leaking through the floor into the basement), and when I came back, their keys were in my mailbox! Not sure how they were able to come up with somewhere to go before Saturday, but they were out!

But when I went back to their apartment, ALL their furniture is still there. All of it. They stole my window A/C and the plastic piece that holds the batteries in my thermostat, and they took their clothes, but everything else is still there.

So I sent a text message: "Should I take these keys as an indication you do not intend to come back?" They replied, "Seriously? U said to be out today [expletive]."

Indiana's statutes are no help at all:

"Sec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant.

(b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property."

So...can I get rid of their stuff? It seems "reasonably" obvious to me that they abandoned it, since they gave me keys and called me a rude name when I asked if they were coming back. I'm expecting a call from the court tomorrow to let me know if I'm going to be granted the emergency hearing, though I don't know if I even need it since the "emergency" part doesn't apply anymore.

Just want to know if anyone has had this kind of situation, where the tenant did leave the keys, but also left a bunch of their stuff, especially if you were in Indiana. I'll be talking to an attorney too, so again, please don't comment just to tell me to do that. I'm not looking for legal advice, just anecdotes. Thanks!

1 Vote