Landlord issues... Legal advice...Attorneys?? Landlord's??

[metaldog]

My brother & SIL are renting a farm house from some friends of theirs. They are under contract & currently paid-up on rent. The issue they have been having is not with the husband (landlord), but with his wife. The landlord's wife has been randomly stopping at the property to "inspect" the place. She NEVER announces when she is coming. Needless to say, my bro & SIL are very angry about their privacy being invaded. BTW... MY bro & SIL have LTCH & carry even when home (mostly).
Earlier today, while brother was at work, the landlord's wife let herself in for another "inspection". My SIL was home alone & thought someone had broken in. She drew her sidearm & waited for "perp" to come to her, only to nearly shoot the landlord's wife. SIL immediately (colorfully) scolded the woman & made her leave the property.
My brother is very tempted to change locks on the house & call the sheriff, as this is beginning to strain their friendship/relationship.

1. Does landlord/his wife have the authority to POP in & enter domicile without prior notice?
-Correct me if I am wrong... I thought landlord had to give 24 hrs. written notice.
2. Does tenant have legal right to change the locks?
3. What LEGAL recourse does the tenant have?

My bro/SIL love the home/property & are happy there. Their only wish is for some RESPECT of them & theirs. Any sound advice is appreciated, as this has become a SERIOUS matter. Thanks in advance!

 

[metaldog]

P.S. I am also Googling Landlord/tenant law, as brother has no internet where he lives.

 

[mbills2223]

Is there anything about notice/inspection in the lease?

 

[Kutnupe14]

Calling 88GT....

...your landlord is breaking the law

 

[Kutnupe14]

Is there anything about notice/inspection in the lease?

...unless, per mbills, the lease allows it

 

[mbills2223]

...unless, per mbills, the lease allows it

Even then, don't quote me on it. I dunno much about landlord/tenant law because my landlord has a very thorough lease that restricts them to a 24 hour notice to even set foot on the property.

 

[chezuki]

Need to check the lease. Mine says they must give 36 hrs notice to enter the premises unless there is an emergency.

 

[RobbyMaQ]

not sure on code. i give 24hr notice specd in lease, unless it's an emergency. changing locks would be illegal.

 

[mbills2223]

http://www.in.gov/legislative/ic/2010/title32/ar31/ch5.pdf

IC 32-31-5-6 seems applicable in this situation, BUT I AM NOT A LAWYER...or a landlord.

I'm sure someone more knowledgeable will be around, but the link should be a decent place to start looking.

Edit to add: And as Chezuki and Robby said above, IC allows for entry into the unit without notice in cases of emergency or under court order.

Edit again: Also the code says that the landlord shall give the tenant a "reasonable" notice of entry.

 

[chezuki]

Here's the code.

(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
(2) without the consent of the tenant:
(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwelling unit.
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6.

Blargh!!! Mbills beat me to it!

 

[ArmedProgrammer]

I'm not 88GT, but I am a landlord. People above are on the right track.Mistake #1 - Never rent from friends or family. The contract matters - so you need to find out what's on it. Typical is 24 hours notice unless it's an emergency - like water or fire or something.Usually landlords that are overly protective of their place and like to snoop are either first timers or those who are not cut out to be landlords. If you can't sleep comfortably at night with Tenant X in your property - then you shouldn't be renting to them.I would suggest a frank discussion with the landlords - along the lines of "hey give us some room (and some notice) - and we'll gladly let you inspect". But you're driving us nuts. If you and they can't do business - and some combinations of folks can't - then it's mutually beneficial to politely end the deal and get out of dodge. No need to involve the Sheriff or anything else - a polite discussion should solve it one way or the other.

Robby's right - changing the locks on you is not a legal move.

Do make sure that your peeps are living up to the contract as well - i.e. rent paid, not making the place into a trash heap... if they are solidly in the right - it will help their case a LOT.

 

[metaldog]

Is there anything about notice/inspection in the lease?

Unsure, as I have not seen the lease, but I kind of doubt it.

 

[metaldog]

Thanks to all for the assist. I copied the I.C. & sent it to my brother via text. I also suggested, per ArmedProgrammer, that he talk to the woman's husband & try to work it out "respectfully". No sense in deliberately making an enemy. There is a "happy medium" here... I HOPE!

 

[88GT]

1. 24-hour notice is not required by law. IC does not specify a time frame and only barely requires notice to be given. "Reasonable" is hardly a reasonable standard because it's far too vague. If the lease is silent on the issue, the standard defaults to IC. IOW, unless the lease expressly requires X hours or days for notice, the landlord isn't bound by anything other than "reasonable." I think most people would think it highly UNreasonable for repeated entry without notice though. Safe to say the landlords (wife is acting in that capacity, and if she's not, she is trespassing, breaking and entering, etc) are out of line at a minimum, though not something worth pursuing in court just yet.

2. As was stated before, changing locks would likely be a lease violation (though not "illegal" per se) and potential grounds for eviction. It certainly won't improve the relationship.

3. Legal recourse: IC covers the recourse, but for a tenant, it pretty much involves notice to landlord of landlord's violation of IC and/or the lease, and failing that effort, suing him. Though honestly, I'd be hard-pressed to know what exactly a tenant would sue for in that situation. Landlords sue for owed monies or possession of the property. Tenants usually sue to recover money owed to them from the security deposit or reimbursement of costs associated with fulfilling what should have been the landlord's responsibility (habitability repairs). It's almost seeking a cease and desist order, or specific performance. The other suits are pursued in smalls claims court. I wouldn't know where this kind of issue would be filed.

 

[mbills2223]

Here's the code.



Blargh!!! Mbills beat me to it!

 

[Electronrider]

Sounds like the 4 of them need to have a sit down. If the nosey female has not seen the house in any kind of poor condition so far, then that needs to be used as fodder to get her to stop. If the landlord cannot trust the tennant, especially when they know each other, then they need to discuss terminating the lease and moving on. Sounds like the landlord husband needs to get his wife in check on this.

 

[Double T]

...unless, per mbills, the lease allows it

Even so, Indiana law requires 24 hour notice unless it's an emergency (electrical issue, flooding, roof caving in, fire, etc)

They can call the sheriff dept out and request a tresspass warning be issued, though they won't due to contractual obligation, it will at least be on the logs that they are trying to file a complaint. I had this issue with a former landlord, he tried to enter the home without my permission and without notice. He was damn near forcibly removed by me. Didn't realize I was home and I went off on him to the property line, and then called the police.

 

[88GT]

Even so, Indiana law requires 24 hour notice unless it's an emergency (electrical issue, flooding, roof caving in, fire, etc)

No, it doesn't. Just "reasonable" written or verbal.

(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit;

Nothing there about a specific time frame.

 

[1911ly]

It's time to move to aa place wih a lot more privacy! I would not put up with more then a few inspections in a year. And then only with notice and when you are at home!

 

[Double T]

No, it doesn't. Just "reasonable" written or verbal.


Nothing there about a specific time frame.

The judge stated when I had issue, that the timeframe required was 24h notice. I guess the judge was wrong huh?