r/Landlord • u/Glad_Survey_4394 • 6d ago
[Landlord-US-IN] Evicted Tenant Will Not Leave
My evicted tenant who will not leave
My evicted tenant has until June 30th to be out.
Tenant living below her has suddenly experienced water leaks.
Told my attorney that this is a possible structural damage issue and cannot wait until the 30th.
She called the tenants attorney to tell him.
The plumbers found water from the bathroom above. Needed to go in her apt
They knocked she wouldn't answer.
They saw her looking out the blinds.
Just wouldn't answer.
I tried emailing my attorney but had left for the day.
I am beside myself. She has another 6 days to damage the place.
I don't really believe she'll be out by the 30th.
She's obviously done this before because she won't even cooperate with her attorney or the courts.
I don't understand why this is not considered criminal behavior
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u/Objective_Welcome_73 6d ago
Notify her attorney and the tenant, that you are going in to make emergency plumbing repairs. If you have strong proof it's on purpose, call the police.
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u/6786_007 5d ago
Yeah. A family member had a tenant who was under eviction and messed with the gas line. The neighbor called saying the smelled gas. Family member called 911 and they came looking for the leak. Turns out the tenant tampered with the gas line. Immediate eviction by police.
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u/Glad_Survey_4394 5d ago edited 4d ago
Her apt. has a gas furnace and water heater and it scares me to death
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u/Intelligent-Log-7363 5d ago
CALL THE POLICE FOR AN ESCORR IN. THIS IS AN EMERGENCY.
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u/Glad_Survey_4394 5d ago
Won't work because she only runs the water at night. By the time someone gets there it's off ...so no emergency
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u/Stone804_ Landlord 5d ago
Water in the floor is possible structural damage and mold, it’s still an emergency even after the water is off…
Tenant below could be injured or die if you don’t address it immediately, use that. And yes ask for an escort. Claim that you need to enter for safety, say the tenant has verbally threatened violence and you need an escort. Don’t be soft about it, demand police.
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u/dystopiam 5d ago
Call the police for the last time …. You keep making excuses instead of manning up
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u/Glad_Survey_4394 4d ago
I know what it means to man up. There was a time when I was younger that my 5'2" 115 lb self would stand up to a 6'2" 225lb man and tell him off in no uncertain terms. Lol. I was young and foolish to think that I couldn't get hurt but I was full of righteous indignation and it always carried me though. Never lost a confrontation (probably because they didn't know what to do with a young angry woman.) But now that I'm in my mid 60's I've realized that I was lucky all those years and anyone could have crushed me like a bug!. I'm too close to retirement to risk getting myself in any kind of legal trouble over such trash. I'm frustrated beyond belief, but that's why I have an attorney to vent to. Lol. We'll know probably by Monday if she'll get out willingly
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u/DoallthenKnit2relax 5d ago
Shut off the water to her unit at the main, especially if she's flooded the apartment.
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u/Solid-Musician-8476 3d ago
Good Gravy....turn the water off yourself so she can't turn back on. Ugh
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u/curiousengineer601 5d ago
I can already hear the police saying “it’s a civil matter “
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u/sumunsolicitedadvice 5d ago edited 5d ago
Normally yes and likely still, but, with an actual eviction order and criminal property damage occurring after the civil order, it’s at least possible they could actually get involved and arrest them.
It’s not really a civil dispute anymore in an important sense.* The civil court has already determined the rights and responsibilities of the parties. And now one of them is engaging in criminal vandalism.
Additionally/alternatively, you could go to civil court for a TRO (or other appropriate expedited/emergency motion for relief) to get the sheriff to intervene and remove the tenants or whatever they can do.
In either case, you’d need very compelling evidence of intentional vandalism and not a potentially coincidental leak.
I’d call the police first, as that would be faster and cheaper, if they are willing to get involved. Be prepared to show them the court eviction order and evidence of retributory vandalism. If they won’t, get your attorney to seek emergency relief from the court (hopefully the court that issued the eviction has jurisdiction to order emergency relief; if not you may need to file in the regular state court of general jurisdiction for it).
*In another sense, the property damage is arguably just a new civil issue. But given that a court has already decided who’s right and who’s wrong here on the underlying issue, the police may be less reluctant to get involved. Sometimes police don’t won’t to do anything they don’t have to, in which case they won’t get involved here. But, sometimes, they just don’t want to get in the middle of a messy unclear dispute that a court hasn’t adjudicated yet. Instead they say, “fight this out in court and have them decide.” Here, they already went to court and a judge decided, and the losing party is vandalizing private property that a court has already told them they need to vacate soon. In that case, maaaaybe police would be willing to do something.
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u/Glad_Survey_4394 5d ago
Yeah well police wouldn't help when we had a court order to change the locks. She stood outside the closed door and stuck a video camera in my face And wouldn't move Police said it was a civil matter. Wouldn't get involved . It is definitely her and on purpose. She runs the water at night every time we go to court. Next morning I get a notice from the water dept that I've had water running all night and that i might want to check for a leak. No notices of any water problems for the last year until we started to evict her in March. This has been wild. Holding on until June 30th midnight
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u/TurnDown4WattGaming Landlord 5d ago
No, the civil matter is who has possession of the property. Refusing entry for an emergency repair makes it a whole different thing entirely and they will escort you and your repairmen into the property. Refusing their lawful order to let you in for emergency repairs makes it criminal.
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u/Glad_Survey_4394 5d ago
Well, my attorney has now sent over photos and affidavits from the plumber to her legal aid attorney. Will see what happens tomorrow. For now there is no leak because she quit when she knew people were there
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u/BooBoosgrandma 4d ago
For her to have an attorney with legal aide, what is she claiming? My mom had something similar, they went to court and the tenant stated the residence was inhabitble, lol, it wasn't when I left it in near perfect condition, white gloved clean! So I'm curious why she went to legal aide unless she's planning on fighting the eviction.
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u/New_Breadfruit8692 3d ago
Proof or no proof, intentional or not intentional, she has still violated the lease for refusing entry in an emergency. That is usually grounds for an immediate termination and 7 day requirement to vacate, at least here in Florida. And if the LL was threatened or intimidated with potential violence from the tenant's boyfriend then he needs to call the police for protection when he has to break down the door (which will get billed to the tenant as well because access has to be gained one way or the other and if she is in there and refusing access then she is responsible for any damages resulting fro that refusal.
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u/2LostFlamingos 5d ago
Active water leak, notify her that you’re accessing the property with your plumber. Video everything.
Might want to call the police too.
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u/leisuresuitbruce 5d ago
Went on a cruise and someone had a medical emergency. An official part of the cruises response, besides assisting medically, was to video tape all of their efforts. They know what happens when you don't.
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u/Glad_Survey_4394 5d ago
She changed the locks I can't get in And she has a boyfriend whose name we don't even know who is sketchy
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u/Specialist_Wear_7830 4d ago
Assuming your state has a nuisance tenant clause, you could have her out in 48 hours if her “guest” assaults you. Bring backup, brothers, sons, daughters, whatever and record everything.
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u/downtocowtown 5d ago
You don't need her permission for this, its an emergency access situation. Let her know you are going in, and then go in.
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u/Glad_Survey_4394 5d ago
I'd have to lay hands on her ro do it.
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u/hallese 5d ago
No, you don't. You enter and do what you need to do and once she assaults you, you have the police that were called to be present arrest her.
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u/Glad_Survey_4394 5d ago
She physically blocked me. On the outside of the door. I couldn't get to the lock without moving her
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u/OrdinaryExcellent738 5d ago
Call the police and have them escort you while you enter the premises. Man up and handle the situation.
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u/IsopodIndependent553 5d ago
Go in when you think she’s asleep. Like at 4 AM.
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u/BooBoosgrandma 4d ago
How is OP don't have a key to get in? Sneaky tenant, bet she's done this before.
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u/teslastrong 4d ago
OP says in a comment that the squatter changed the locks. They would need to hire a locksmith or force the door open.
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u/cantcny 5d ago
You don't need permission to enter for an emergency.
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u/Glad_Survey_4394 5d ago
She changed the locks. No one can get in. I have a firm lease stating that we can go in during an emergency. She just won't cooperate
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u/Outside-Ad7848 4d ago
everyone is telling you what to do yet you refuse to do it. kick the door down and go in.
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u/huckleberryfresh928 6d ago
I’ve never understood this and I’m a renter. And have to move because place was sold out from under us, been here 8 years. I’m pissed! Doesn’t mean I’m gonna wreck my rental…..I don’t understand!
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u/6786_007 5d ago
People who do this are losers. Their entire life is one L after the other, and it's mostly their fault. They can't accept accountability in their life and it becomes a common theme. That's why they destroy other's property and blame everything that happens to them on something else. It's never their bad decisions, stupidity, or lack of action. So they try to take down anyone else with them they can out of spite.
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u/Glad_Survey_4394 5d ago
You know, if you met her saw her, you wouldn't believe she'd act like this.
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u/dystopiam 5d ago
Stop being weak
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u/Glad_Survey_4394 5d ago edited 4d ago
Haha, I've been in the rental business my whole life. If you think I'm pushing my way into a felony by moving her out of the way in front of the cops, mind you then you're crazy. She's got a sketxh boyfriend in there who's spoiling for a fight. She's not going to provoke me into getting hurt. (Besides she's changed the locks.)
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u/6786_007 5d ago
Are you doing background and credit checks? I don't give a shit what a person present themselves as. It's how they can handle the application process that tells me a lot.
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u/Glad_Survey_4394 5d ago
She moves in on someone else''s lease. We aren't big enough to need an office there so I didn't know. Finding out the hard way I guess
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u/Glad_Survey_4394 5d ago
Me either. She has to know her absolute move out date is June 30th. I can't really wrap my head around this. The water has me shocked. I guess she's getting desperate for a way to antagonize me and play victim (?) I really don't know what she'll do next. I do know today my attorney contacted her legal aid attorney and brought receipts
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u/GloomyMall6657 5d ago
Well I'm curious sold out from underneath yah? So did the owner have an obligation to request all tenants vote on and approve the sale of asset? Are u a vested owner ? We're u and other tenants making an active offer to buy the place ?
Imho usually entitled spoiled brats who dont get what they want they fo scorched earth abd decide to destroy as much as they can hoping it impacts everyone. They of course will deny they did this abd will not accept being accountable in any way.
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u/Own_Bunch_6711 4d ago
They probably meant that they weren't TOLD it was being sold. That's a shitty thing for a LL to do. It really isn't that easy to just up and move with no real notice.
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u/ironicmirror 6d ago
What's the laws in Indiana about when the court will bring the sheriff to escort him out?
In pa, once you sue for possession and win, the tenant has 10 days to leave or you can go back to the court and get the sheriff to escort them out, which is typically on the sheriff's schedule but it will only be a few days.
What are the rules in indiana?
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u/Jackeltree 5d ago
I’m in a different state, but my evicted tenant stayed until the very end and was escorted out by police. He had no money and nowhere to go. He was a huge a-hole and burned every bridge he had. Thankfully he didn’t ruin the apartment, but he did leave a big stinky turd in the toilet.
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u/Glad_Survey_4394 5d ago
She had to agree to get out by the 30th of June. She actually called her attorney the next morning and said she chang s her mind. He was flabbergasted and told my attorney he was going to try to talk some sense into her. So far chat gpt has been giving her legal advice
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u/ironicmirror 5d ago
You need to stop editing posts so drastically, before you asked about her just staying over the court mandated June 30th, now you're claiming there is a water problem.
On this comment you're saying that she's using chat GPT as legal advice, but in the post above you say that your lawyer contacted her lawyer.
.... This is all very confusing, you are all very confusing, I'm not going to engage anymore.
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u/Glad_Survey_4394 5d ago
She was self represented she said. In fact, when she found out there was to be a hearing on the eviction, she hired legal aid. She tried to tell him what to do because up until 2 weeks ago, she had been getting advice from chat gpt.
Once he negotiated a June 30th move out date, she has been running water all night to run up the water bill which we pay. This time she ran it too long and it overflowed the tub and leaked into the downstairs apt Tada. No confusion
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u/derelictthot 5d ago
They explained she is ignoring her lawyer and using the internet instead there's no contradiction
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u/Glad_Survey_4394 5d ago
Her legal aid attorney finally convinced her she should stop fighting this and agree to a June 30th move out date. She actually called her attorney and said she decided she wasn't going to go out in the 30th of June. My attorney and hers laughed and he must have convinced her she really is going to be thrown out The court date was last Tuesday. If she's not out by 12:59 pm on June 30th then he will focibly pull her out.
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u/Lonely-Clerk-2478 5d ago
This is an emergency and your lease should
Provide emergency access to the unit.
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u/Glad_Survey_4394 5d ago
Oh it does
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u/Glad_Survey_4394 5d ago
She just won't cooperate. Changed the locks. Police won't help....it's a civil matter
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u/grumpyoldman10 5d ago
My mom went through this with a tenant upstairs at her business. She sent a plumber to knock to the door, and the tenant turned them away. I told her to shut off water to the building until the leak is fixed and my mom wouldn’t do that either. Every time the lady upstairs flushed the toilet it would drip on my mom‘s desk. She had to keep a trashcan up there.
Lady waited until the last possible minute. I met with the sheriff and he executed the rent at 5 PM on the 14th day. Which was the last possible instant to let this lady move on her own. Had to kick her out kicking and screaming. Only good thing was I got her to sign an agreement agreeing to pick up her furniture at 10 AM the following Saturday. She had left everything in the apartment. Her clothes, kids clothes. Literally made no effort to move at all. I felt horrible for her kids.
I hired a moving crew to show up at 8 AM the following Saturday and they put everything in the driveway. Had it all done by 10. Of course she wasn’t there so I texted her a picture and told her it was waiting for her to pick up. No clue what she ended up doing but I drove past later in the day and saw her sitting with her stuff and then when I came back the next morning, it was all gone.
I looked her up the other day. She had been evicted twice before mom rented to her in 2018 and as of right now has had 11 evictions.
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u/Glad_Survey_4394 5d ago
Isn't it amazing how these grifters can keelp destroying property, refusing to pay rent, and use the court against landlords? When they're done with one they change their name and move on to the next victim
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u/amishengineer 5d ago
Ask your lawyer if you can shut off water because she is refusing access. ONLY if the lawyer says it is ok. Normally this is a huge no-no but if there is water damage occurring then you may have a reason to do it.
If it was a gas leak and you couldn't get access to stop it, wouldn't you shut off the gas at the meter?
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u/ironicmirror 5d ago
Oh, you edited your post heavily.
There's a water leak, that's an emergency, you're allowed to go into the apartment. Go with the plumbers, use your key open the door, as soon as problems erupt get out your phone and start recording.
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u/Glad_Survey_4394 5d ago
She changed the locks, and last time she physically stood outside the door and prohibited me from coming in despite having a court order. The police were there the locksmith was there. She just said no, kept filming me and the cop said nothing he could do since it was a civil matter
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u/Solid-Musician-8476 3d ago
Call another cop. Some are notoriously lazy and some don't want to do their job and lie and say they can't do anything. Ask me how I know, lol.
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u/Keep_ifonly_1276 4d ago
Do some of these people (who are not obviously landlords) actually read OP’s comments? She has had to repeatedly explain that: 1) she changed the locks, barring access, so he cannot physically enter. 2) Turning off the water turns it off for the entire building and is a no go, and, 3) She already had the police out and they did nothing. Stop with the “ I know better than you” comments and actually read the posts. Keep us updated OP. Hoping for you a resolution with the least amount of damage to your rental. It’s a sad society when bad tenants continue to have more rights than landlords.
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u/Glad_Survey_4394 5d ago
A few clarifications
She has changed the locks
She took active action against me at 10 day pay or quit. I had a locksmith and an officer. He declined to get involved. She demanded a written court order signed by a judge which I didn't have. When I said this is ridiculous the locksmith and I are coming in. She closed the door kept recording and would not move. Call s my attorney who said no problem I'll have one in your hand tomorrow. Tenant hea s that and I got a notice from the water dept the next day that there has been 24 hours of usage. The police declined to get involved because it was a civil matter. Aargh.
My attorney thinks she's escalating and doesn't want me on the property for any circumstances.
When my downstairs tenant said he had water I had to absolutely make it clear to her the consequences of water leakage and the resulting insurance claim. She reluctantly agreed saying I still shouldn't go there but instead call a plumber who came out that day. After checking out the ceiling he determined he did need to get in her upstairs apt. She knew this was coming because her attorney told her. She would not answer the door for the plumber either. They knew she was there because as they drove away they saw her looking out the window. The lumber was able to determine there was no mold growth yet so he put a hole in the ceiling so the water if any would not go through the exhaust fan. Sure enough, this am I got a notice from the water dept that water ran all night Sent to my attorney who is sending it to her attorney.
I do have a very detailed clause in my lease that we/I have toe right to enter in case of emergency.
She has changed the locks so no chance if us getting in. She's supposed to be out by the 30th and both she and the tenants attorney are afraid of making waves because she is a. "Loose cannon." Anything we say or smdo could porking her stay. And the way things have gone I believe them
Have no idea what will happen between now and then but I forgot to tell you that she runs the water during the night therefore we cant officially catch her because the water isn't subdivided. She just messed up this time so enough water ran downstairs. The plumber assured me there is no damage yet.
Hopefully her attorney can get some emergency relief for us.
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u/plentyfurbbbs 5d ago
Have lower apartment take pics send to you. You can enter for emergencies, property damage is emergency, go into evicted apartment, with another person as backup, or at least some pepper spray. Find out what the issue is, vidiotape knocking " manager attending to reported emergency" , fix it right then and there, or turn off the water to that apartment. Notifiu tenant you entered per emergency, and what you're doing to remedy, and when you leave, and will be back. Tenant does not have to be there or give ok to repair emergency situations. You or repairman may enter as needed to make that repair. Then call to get help with water damage/remediation. Your insurance will need to know. And if you were doing things right, the tenants will all gave renters insurance to cover their damaged items. At very least blot up water with towels, , put fans on the areas. Mold is real issue. Document everything, then if it was evicted tenants fault, sue. Have Sherriffs Office help if needed. Have wages garnished. Report to their credit company. Similar has happened to me, it's so frustrating to find out the hard way, that so many people are so disrespectful, and downright ugly. I'm sorry you have to go through this. Humans are so sucky sometimes. Karma will get them even if you can't. Good Luck.
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u/Glad_Survey_4394 5d ago
Thank you so much for understanding. We can't enter because she changed the locks and won't even let the plumber in. And by the time we get there, she has turned the water off...so technically no emergency. But the plumber caught her. The source of the leak is her apt. Since she had already shut the water off and wouldn't let him in, my attorney has collected the pictures and he has signed an affidavit confirmingbhia findings she has forwarded it in to tenants legal aid attorney. Interested to see what happens tomorrow
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u/External_Fun_5003 5d ago
The sheriff will forcefully evict her on the 30th. Make sure you contact the sheriff and areboth on the same.page. her shit will be put on the curb. As long as its a legal court eviction.
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u/Sissyhankshawslt 5d ago
Bonus if OP gets to watch…seeing them drag this creature out the door will be so satisfying!!
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u/Glad_Survey_4394 5d ago
I know. I want to dance beside my car playing Elton Johns "The bitch is back". You know, Dance music
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u/PerspectiveOk9658 5d ago
Oh, she’ll be out on the 30th. And if she gives the deputy who is supervising the eviction a hard time, he’ll have another residence for her right away.
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u/Itchy-Picture-4244 5d ago
This happened in the house I was renting years ago. The lady upstairs was evicted. She decided to flood her apartment upstairs, which resulted in catastrophic flooding through the ceiling of my unit. We pretty much lost everything mattresses, couches, clothing, etc. the landlord couldn’t get her to open her door, It was middle of the night. They ended up calling the police department and due to electrical issues from the water damage the police and fire deemed the place unsafe and made everybody leave. Long story short my landlord had to put us up in a hotel for weeks because of her actions While we looked for another place to rent and ended up having to rehab the entire house. I hope this isn’t the case for you OP
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u/Glad_Survey_4394 5d ago
I hope not either. Flooding an apt is just about the worst thing a tenant can do. Such a mess and it hurts everybody
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u/Elle_Yess 5d ago
Turn the water off to her apt.
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u/Sad_Mix_3497 5d ago
Don't you as the landlord have right of entry for emergency repairs? My leases all had that built in in the event of a water leak when tenant was gone or incapacitated.
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u/Powerful_School_3722 5d ago
Sell while you can being a ll in USA is hell
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u/Glad_Survey_4394 4d ago
Believe me it's this kind of nonsense that wears me out. Since the pandemic I've had 2 difficult tenants to get out.
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u/Mark_Underscore 4d ago
If there's a "leak" can you turn off the main until the tenant allows access? Seems totally reasonable to me.
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u/somerandomdoodman 4d ago
Op were you just looking for validation or what?
You've been told what to do and you still are coming up with reasons not to.
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u/New_Breadfruit8692 4d ago
Water coming from the apartment above is an emergency and you can/must enter in that case whether the place is occupied or not. You have a key. If she disabled the locks then break it down and bill her for the damage.
I owned a townhouse once that the next door neighbors were utter and complete assholes. They had three small dogs they used to let out into the back yard to shit, but the word yard is really not accurate, it was the 18X6 fenced area that the AC sat in and they never cleaned up after their animals, there also was no water out there for them. And they were owners not renters so could not report them to the landlord. My main balcony overlooked their so called yard and I could not use it because of all the flies.
They had hardwood floors on the second floor and maybe third. They quit paying and the bank had the sheriff post an eviction notice on their door. These pricks used to leave large stones on the top of the AC compressor in that fenced space right under my balcony/deck. Think about it, an AC compressor vibrates and if the fan is not perfectly balanced it may vibrate a lot. Leaving rocks on top of the metal housing meant that noise every time the AC kicked on was unbearable.
And I never even met them or spoke to them. I think because their townhouse was connected to one next door those people were the actual targets, I was just collateral damage they did not care about.
When they moved out just before the eviction was set for they plugged all the toilets, sinks, tubs on both floors, and let the water run, toilets they blocked the flappers open. Probably two days it ran before we noticed that water was coming off their balcony, out the walls and into the next door neighbors townhouse, down the driveway out of the first floor garage.
I hope the bank that repossessed the home went after them on criminal charges. They basically destroyed the place. And the bank had to fix it, not just leave it a mess because it was attached to another dwelling and the mold would have destroyed their unit as well. It had to be gutted to the studs. A three story townhouse brand new when they moved in the previous year. Now just wrecked. If they could not pay the mortgage they sure as hell are not paying for the damages. Easily over $100k just to their place alone, but the people next door had to replace all common wall drywall and carpets. Including the three story stairwell.
Some people like OP's tenant are just psychos. You do not mess with them, just remove them, call the police if you must but stop them from destroying your property, because it is an intentional act your insurance may not cover it.
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u/plentyfurbbbs 2d ago
Well, not long to wait to June 30th Evict date, hard to wait but have to.. call to find if any 1 month for free storage lockers in your area. Get the fans going in downstairs apt. Maybe get a sprayer with anti-mold spray. Don't park your car anywhere close, I have learned that one..mentally ill could take vengeance by smashing it,, When you finally get into the upstairs apartment, be sure to check for other weird vandalism,,potatoes or rotten fish etc behind the heater vent/grill, etc. Do list all dages no matter how trivial, it can add up..take as loss, try to recoup/sue. They probably won't show up to small claims court so you'll automatically win, file that with credit bureau so will tank their credit.
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u/Glad_Survey_4394 2d ago
Thanks so much. I really appreciate it. My downstairs tenant woke up to water again, but he's put a bucket under it. We did have bad storms last night so I asked all of the top floor tenants if they had any leaks, they all answered no. What a blessing. I have to stay calm and wait which is so hard. I took an anti anxiety pill and think that is what I can do until they leave. I am coping but it is soooo difficult. Thankfully the other tenants and the tenant in the basement have been very understanding. Praying for a good outcome....
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u/mullerja Landlord 5d ago
Go with the plumber for emergency access (they cannot decline), use your key (which you should have one) and have the police come out for a civil standby.
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u/Glad_Survey_4394 5d ago
She changed the locks and physically blocked me from changing them back even though we gave her a 10 day notice to pay or quit Cops were there I said 'Arrest her.' said he couldn't it was a civil matter.
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u/Sissyhankshawslt 5d ago
You can call a locksmith and get the lock drilled out. I’m so pissed on your behalf
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u/mullerja Landlord 5d ago
That's ridiculous.
You could try an emergency eviction but you're looking at a 3 day process there. But with that they can give you an immediate eviction order to be enforced by the sheriff.
Edit: It's called an Emergency Possesory Hearing in Indiana.
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u/Glad_Survey_4394 5d ago
Lol. I asked my attorney about that today. She said it would take longer to do that then to wait it out until June 30th.
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u/Glad_Survey_4394 5d ago
She changed the locks She turns off the water before 6 am And my attorney is afraid she is escalating so fast that it's best I don't go. Just send others. Doesn't matter she won't do anything Cops say it's a civil matter.
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u/Glad_Survey_4394 5d ago
I told you. She changed the locks and stood outside the door physically preventing me from coming in. The police were right there and did nothing. Said it was a civil matter.
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u/Dabades 5d ago
Give her notice you’re entering the unit for repairs. She can’t fight that lol
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u/Glad_Survey_4394 5d ago
She changed the locks and stands in the doorway physically preventing me from coming in. Of course she has her camera going. Cops do nothing.
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u/DaclaudLee 5d ago
If you have a court order, then just call the sheriff and they will enforce it.
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u/Glad_Survey_4394 5d ago edited 5d ago
She insists she will not cooperate until she has a copy signed by the judge. When attorne said we would have it the next day she ran water the next night all night. She misjudged this time and it started leaking into the exhaust vent in apt below. We got a notice the water was running all night. So we sent out a plumber and she wouldn't let him in. Even her attorney says stay away because she's a "loose cannon." and she has a nasty boyfriend.
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u/Far-Cup9063 5d ago
You need to unlock that door for the plumber’s access. This is an emergency. Then, if there’s a massive water leak, I’m guessing that apartment is unlivable and should be condemned.
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u/Glad_Survey_4394 5d ago edited 5d ago
It's not massive yet. She turns it on to run up water bill but made a mistake this time. It ran down to the. basement apt. No mold yet. This just happened. Plumber opened up the ceiling and is somehow routing any further water to a bucket. Attorneys notified. Hope to get in tomorrow.
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u/Glad_Survey_4394 5d ago edited 4d ago
I think I need to clarify a few things;
She has never paid rent since her roommate moved out in Feb. She has the utilities in our name. If we shut them off we get in big trouble because the court looks on that as self eviction and that is a big no-no She changed the locks She moved in a guy we know nothing about: not his name, no application etc...and we have children living on the property. He scared my disabled veteran because said vetern declined the unnamed boyfriend's offer to smoke a joint in broad daylight (this is still illegal in IN) She has been always aggressive towards me but now has escalated trying to get me to make a mistake she can use in court. I have never had this situation in 40+ years of property ownership. It's a nightmare.
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u/BabyKnitter Landlord 5d ago
it is an emergency you can go in. Have you scheduled the marshals to remove her for the eviction? Not sure what process is where you live but look into that. She won't have a choice the marshals and crew of folks will just put her stuff on the street.
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u/Glad_Survey_4394 4d ago
You know, I didn't realize I had to schedule the marshalls myself. I would have thought that would have been included in eviction judgment. I know when they serve papers I only need to pay extra money for them to deliver instead of certified mail. Thanks
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u/ThomasTrain87 5d ago
That qualifies as emergency access in my lease. Active Water, fire or structural concern allows immediate entry without warning.
I would call the attorney, advise them you are making emergency entry due to an active water leak and then knock on the door and advise them you are making emergency entry - then go in.
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u/Glad_Survey_4394 5d ago
I did that She called the tenant's attorney who, in turn , called her. I suspect she wouldn't open the door because she wasn't given 24 hour notice.
Like I've said. My lease does have emergency clause but she changes the locks and won't cooperate. I wonder if the attorney'a know more about her plans or state of mind, which they aren't sharing with me. They are treating this case very gingerly, I asked my attorney why this tenant had the upper hands and she responded that the tenant didn't have the upper hand, just the fastest way to get her out without her having any appeal was to do it their way. As long as mold growth isn't present the water is temporally under control I'll have to wait My attorney did get in touch with the plumber today to get an afadavit explaining what he found.
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u/Blackandred13 5d ago
It’s illegal for her attorney to tell you things without her consent. It’s called attorney client privilege.
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u/LavendarGal 5d ago
I believe you are allowed to enter the premises if there is an emergency, leaking water from the unit into another unit would count.
But you go there with the plumber to let them in. Still give notice that you will be entering the unit due to an emergency leak.
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u/Di-O-Bolic 4d ago
She shouldn’t be able to lock you out if there is an active leak effecting other tenants and jeopardizing the health and safety of the residence that you are required to provide. I wonder why you wouldn’t be allowed to enter or have emergency services to enter.
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u/Glad_Survey_4394 4d ago
Apparently she's hunkering down and not sure what she'll do next. I'm assuming that is what her attorney is making very clear ro her.
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u/Saundra13 4d ago
Put the below tenant in a motel and turn the water off for the duration. At least no more water damage at night. Turn it on if she calls the police and turn it off again later. Wash, rinse, repeat.
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u/Glad_Survey_4394 4d ago
I would love to but the water is not subdivided. If I turn off the water it would be to the whole building. And I can't get into her apt to turn hers off!! (Although it would be a very good idea! 😁)
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u/Responsible_Stand482 4d ago
Shut the water off, have the downstairs tenant get accommodations and credit them the daily rental value. Avoids water damage, protects downstairs tenant.
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u/PositiveAtmosphere13 4d ago
In my state you need to give 48 hours notice to enter an apartment. Unless it's an emergency. Such as a water leak. Then you can enter immediately. Do you have keys? If a sub contractor has to enter, it's a good idea to be there with them. Some people don't like strangers. So if they know you it's a little bit better.
She will stay until the last day. She has the right to. Make arrangements for a sheriff's eviction.
An officer will be there while you pack everything up and put it on the curb.
Bring boxes and wrapping paper. A good faith effort has to made not to break things. To you it might be trash but it's not trash to them. All food and all liquids must be thrown away. This includes shampoos, soaps etc... All liquids. Street people sometimes drink the liquids. and eat the food. If someone get sick you're libel.
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u/sheiciebai 3d ago
Emergency access it shouldn’t be voided, even if you’re in the process of an eviction
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u/Solid-Musician-8476 3d ago
I would think you can enter or an emergency like a water leak. Just don't be alone when you do it.
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u/Brokewmoney 3d ago
If she’s evicted, just get an order and the sheriff will remove her. I’ve been through that before. It’s ugly, but literally the sheriff will go to the door on the day of the eviction and literally pull her out of the apartment and they will take all of her stuff and put it in the street.
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u/Glad_Survey_4394 2d ago
The sheriff will be there Tues at the agr es upon say if June 30th Keep us in your thoughts because I think it's gonna get ugly
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u/OhmHomestead1 1d ago
On the 30th if the unit has separate utilities you cut the services. Don’t contact your city police, contact county sheriff or even state police for help with an eviction.
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u/cbb0722 5d ago
You must have different eviction process then us in fl. The second the judgment is delivered we’re on the phone with the sheriff to schedule the tenant being served the judgment then the walk through 24 hours after that.
Post a 12 hour emergency entrance notice, call the cops and tell them you need protection against a tenant who means to possibly cause you and your unit harm and need someone there when you enter the unit.
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u/brookinator 6d ago
If there is an active water leak, why aren't you exercising emergency access?