Tenent suing me in Indianapolis Indiana, need help

Indianapolis, IN · Member since 2016 · 21 posts · 9 votes

Tenant removed my shed and replaced it with a larger one. Tenant gave me 30 days notice to vacate. After 45 days, tenant moved out and left the shed, I learned that because of its size, it required a permit to be there, which tenant never acquired. I had it removed because I was worried I would get fined by the city. 10 months later, tenant is suing me for 8k for the cost of the shed that they had ample time to remove. Tenant is claiming a law that says any property a tenant leaves, landlord must keep for a period of one year so the tenant has time to reclaim their property. Is this true? What is the best way to move forward to win this case? Any help is appreciated.

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Ronnie Hutchinson

Orlando, FL · Member since 2019 · 24 posts · 44 votes

If he does sue, you can always counter-sue for your loss shed and any fees associated with removing it off your property.

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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
Is this a threat or has the legal process started on this? Most tenants are all bark and no bite .
5 Reply
Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
if its affixed to the land those ususally run with the land.
I had a lease option buyer put up a 30k pole barn then fail on the option.. he lost I won.
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Yvonne H.
Rental Property Investor · Atlanta · Member since 2019 · 23 posts · 27 votes
7y
I am with @Dennis M. here. If they actually sue you then they will send a summons with a the civil claim laying out all the damages they are trying to recover. There is a question whether this is actually the tenants property or yours. One might be able to argue that since it is a structural change to the property itself it therefore becomes part of the real property removing it from the category of personal tenant property. If they serve a summons to you - consult an attorney. Otherwise do not worry about it. In most states, civil claims can be made up to two years after the date of damages. 90% of threats come to nothing.
Of course you can always consult an attorney any way if you just want peace of mind. If you have been served with a summons - answer it before the deadline even if you don't have an attorney. You can get an attorney anytime throughout the process and you are always legally entitled to represent yourself.
2 Reply
Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
“Fear no tenant” is the best advise sometimes
5 Reply
Ronnie Hutchinson
Orlando, FL · Member since 2019 · 24 posts · 44 votes
7y
If he does sue, you can always counter-sue for your loss shed and any fees associated with removing it off your property.
16 Reply
Kelvin Tam
Real Estate Agent · Malaysia · Member since 2015 · 56 posts · 22 votes
7y
@Kevin Harris Consult an attorney, bro
0 Reply
Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
@Kevin Harris when you say you had it removed, I assume you mean that you sold it? If the shed cost $8000 new, then used it would still have substantial value. If the shed was not physically attached, it could be seen as abandoned property. These "set in place" sheds are objects and not necessarily structures. There are laws regarding abandoned property and how to handle it. We are not talking about garbage, but rather something with large value.
Indiana law for abandoned property requires you to transfer to a warehouse or storage and the tenant has to receive proper notice of such goods being in storage. They would need to pay transfer and storage fees within 90 days and if they do not, the property can be liquidated. When the property is liquidated, the owner must be notified (or attempt to) again.
I am not sure where his comment about one year comes from, but this tenant should have been notified multiple times and you should have had a third party involved. Your best defense here would be if you claim the shed was traded for the other shed and that the tenant intended to leave it there. In other words you claim the shed was yours, not his. If it is determined to be abandoned property, you didn't follow the law and that could work against you.
Of course if he walks into court with receipts for the shed, that will show he purchased it which could be problematic for you.
5 Reply
Kevin Harris
OP
Indianapolis, IN · Member since 2016 · 21 posts · 9 votes
7y
I was served papers yesterday, I did not sell it, I had it removed
0 Reply
Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
@Kevin Harris
So Where is the shed currently if you did not sell it ?just give it back to them
0 Reply
Kevin Harris
OP
Indianapolis, IN · Member since 2016 · 21 posts · 9 votes
7y
@Dennis M. The guy that moved it sold it. Since this is a structure that required two different permits to be placed there, I’m not really sure that it qualifies as personal property. I think that it is exempt from the 90 day holding period.
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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
Sounds like the judge will sort it all out . It probably comes down to is it personal property or was it a permanent fixture added to your property from the courts perspective
0 Reply
Matthew Paul
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
7y
@Kevin Harris looks like you have to counter sue the tenant since he removed your custom hand build shed that had a value of $8001 .
15 Reply
Ned J.Pro Member
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
7y
The tenant made no attempt for 10 months....... I highly doubt there is any state law that requires you to retain ANY tenant property for 10 months.
Did the tenant get your approval to remove YOUR shed and replace it? Any discussion on what would happen at move out?
In general tenants are responsible for leaving the property in the same condition as it was on move in.... except wear and tear items....... so they need to replace the shed they removed....... get an estimate to do that......
If a tenant removes a mirror.....a cabinet.......a toilet...... and replaces with their own item..... then they are responsible to re-install the original item or an equivalent.....
4 Reply
Luis DeLaRosa
Fairfield, CA · Member since 2017 · 7 posts · 3 votes
7y
IC 32-31-4-2
Liability; abandoned property; court order allowing removal by landlord
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.
(c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b).
(d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property.
(e) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court.
1 Reply
Luis DeLaRosa
Fairfield, CA · Member since 2017 · 7 posts · 3 votes
7y
This where I found the information above I hope it helps you.
https://law.justia.com/codes/indiana/2012/title32/article31/chapter4/
0 Reply
Luis DeLaRosa
Fairfield, CA · Member since 2017 · 7 posts · 3 votes
7y
Can the tenant provide proof that the shed was actually on your property?
0 Reply
Steve Lehman
Real Estate Consultant · Indianapolis · Member since 2019 · 79 posts · 80 votes
7y
@Kevin Harris
You need to contact an Indiana Real Estate attorney. If you need a referral I can provide multiple ones. Feel free to DM me.
2 Reply
Justin Polston
Property Manager · Shelbyville, IN · Member since 2014 · 303 posts · 161 votes
7y
@Kevin Harris statute in IN is 90 days - landlord has to keep and take care of property. You are allowed to charge for storage even (furniture etc) "storeman' s fee" I believe is the term there.
Good luck!
3 Reply
Sam Shueh
Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
7y
Abandoned property here goes to storage after XXX days, government auctions off and keep the proceeds.
Get a lawyer.
0 Reply
Sam Shueh
Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
7y
Abandoned property here goes to storage after XXX days, government auctions off and keep the proceeds.

Get a lawyer.
0 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
7y
@Kevin Harris I hope this gets sorted out. I agree with the others that if he put a shed there (and took yours down), then left with no word; what does he expect after 10 months especially when he didn't get the necessary permits.
0 Reply
Kevin Harris
OP
Indianapolis, IN · Member since 2016 · 21 posts · 9 votes
7y
Update: I lost the small claims case, tenant won judgement for $8k. I plan to appeal and take it to a real court. Judge said it was their personal property and I was not allowed to move it. The court was ridiculous, like watching a bad episode of judge Judy.
1 Reply
Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
Originally posted by @Kevin Harris:
Update: I lost the small claims case, tenant won judgement for $8k. I plan to appeal and take it to a real court. Judge said it was their personal property and I was not allowed to move it. The court was ridiculous, like watching a bad episode of judge Judy.
that sucks careful to not throw good money after bad you start hiring a lawyer by the hour and the next thing you know you will have a 5k legal bill if not more all to save 8k.. Just sayin..

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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Kevin Harris I’m guessing you didn’t give the tenant any kind of written notice about removing the shed?
0 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
7y
Originally posted by @Kevin Harris:
Update: I lost the small claims case, tenant won judgement for $8k. I plan to appeal and take it to a real court. Judge said it was their personal property and I was not allowed to move it. The court was ridiculous, like watching a bad episode of judge Judy.

Sorry to hear that. I'd counter sue them for storage and removal, plus destruction of your old shed (assuming they didn't have permission to tear it down). How long did the judge say you were supposed to keep the shed? I know, you probably wisely kept your mouth closed instead of saying something that could get you in trouble.
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