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.
@mike franco..... yes, but that lien only has to be paid when the house gets sold......which may be years and years later....maybe decades.....
IF I decided to pay, I would PAY the financial/shed builder..... because theres a decent chance that you pay the tenant and they never pay the bill they owe to that company.....because they know it will be hard for the company to actually force them to pay
@mike franco..... yes, but that lien only has to be paid when the house gets sold......which may be years and years later....maybe decades.....
IF I decided to pay, I would PAY the financial/shed builder..... because theres a decent chance that you pay the tenant and they never pay the bill they owe to that company.....because they know it will be hard for the company to actually force them to pay
And then the shed builder would find a way come after you. Talk to the judge and see if you can pay the shed builder directly to wipe out the balance owed by the tenant. Who knows, if you word it that way, maybe the builder will work a deal with you knowing you also got screwed over.
Yes...but the more hoops people have to go through to get the $$ the less likely they will....and if I'm paying anyone, its the shed builder.....
And I wish it was a easy as "talk to the judge" to work out a deal to pay the shed builder.... they aren't that accessible and they aren't going to deviate much from the decision they made in court that day that you are liable to the tenant for the $$, so you pay them.....
Yes...but the more hoops people have to go through to get the $$ the less likely they will....and if I'm paying anyone, its the shed builder.....
And I wish it was a easy as "talk to the judge" to work out a deal to pay the shed builder.... they aren't that accessible and they aren't going to deviate much from the decision they made in court that day that you are liable to the tenant for the $$, so you pay them.....
Tell him you'll meet him at a set place to give him the money and invite the builder along for a 'free lunch' :)
Indiana is only a 90 day hold period for personal property. What was the judges basis for ruling against you? Did you not make any attempt to notify the tenant or did you get rid of it immediately? And why would you get rid of a perfectly good shed? Just obtain the permit and keep it. Tossing a 3500 shed away is wasteful.
Regardless I would get a real lawyer and do this again. Counter sue for your original shed, as well as lawyer fees. You also should not be held liable for the interest and penalties during the 10 months that he made no attempt to get it back.
I personally would not counter sue. This can be easily interpreted as vindictive in an appeals process plus you will have to proof damage. Instead I would appeal the ruling and work with a lawyer. If the facts are as clear cut as you have described them, it shouldn't take many hours for a lawyer to successfully present your case. It is correct, it will cost you some money, but the same counts for the other side. Of course, this is just my opinion. I am not a lawyer.
Oops. Typed all this up before I read page 2 that the judge ruled against you.
Check with the Marion county court system. In Allen County we have a local rule stating tenants have 14 days from when they vacate to reclaim personal abandoned property. This applies to possession orders / evictions here, not sure about voluntary move outs. Our local rule supersedes the 90 day statute. Also I agree it may not even be considered "personal property" by the courts. Also sounds like they just went and replaced yours without written permission, which would be a mistake on their part... Get an attorney and argue that first.
Make sure your attorney is better than their free legal bozo who's trying to make a name for themselves by tripping up a landlord.
Update; Renter won judgement for $8000, The judge told me I had no right to move their shed even though it was against the lease agreement and against Indianapolis building code to place it there. I recently sold the property for $48k. I paid $29k plus collected $10k in rent, so even with the judgement, it was still a $20k net win.(40%ish profit).
Lessons learned:
The second I saw the new shed on my property, I should have took them straight to small claims for breach of contract.
I should have never appeared in small claims court without an attorney, I will never make this mistake again.
Conclusion:
I still made a net profit off of this property even including the small claims judgment fiasco. We are all going to make mistakes on our real estate journey. My education on this property could save me tens of thousands in the future. I wish I would have played my hand differently, but I do not regret anything.
I will move forward and these lessons will only improve my decisions in real estate investing in the future.
“I have never lost, I have won and I have learned”.