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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 101759
Experience:  Attorney
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My renter has been arrested previous crime, nothing to

Customer Question

my renter has been arrested for a previous crime, nothing to do with me, is behind in her rent, left the apartment in handcuffs leaving her purse and everything she owns unlocked. I have locked the apt, and not let any one enter the building and remove any thing. how LONG do I keep the belongings and can I collect rent until she moves and is released? thank you for any help you can provide. E Craig
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
1) Landlord can wait until she is behind on rent;
2) Once she is, then she can be evicted from the apartment just like any other tenant who is behind on rent, regardless of whether she is incarcerated or not (with the only difference being the need to serve her in jail, possibly);
3) Once this is done, then the property may be recovered, and any of her belongings not taken out by her family or friends (with her written authorization) may be disposed of under Indiana §§ 32-31-4-1 et seq (see here, and scroll down to Indiana).
There is no special privilege to miss rent even if in jail. However, she continues to "occupy" the apartment until she misses rent and is evicted, even if in jail.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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