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Here is the statute on that: http://www.in.gov/legislative/ic/code/title32/ar31/ch4.html
Notice the statute uses the phrase "reasonable person" without defining that phrase. The statute leaves the phrase undefined because there can be no abstract definition of reasonableness. What is reasonable depends on the situation.The General Assembly made the procedure of (e) permissive rather than mandatory: "the landlord may remove...." The General Assembly left an open question about a landlord's ability and liability for disposing of the tenant's property in the following circumstances:
I foresee more problems for a tenant successfully suing a landlord under #1 than #2 but it is still annoying that the General Assembly could not have made this simple statute a bit more certain.I see landlords having liability in the following:
The best practice is to do nothing without a court order.
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Thank you. The above statute would still control. The bank could technically ask the court for an order finding the property abandoned, but an argument could be made that the foreclosure would suffice. As the statute says, the property MAY be moved to a storage facility if notice of both of the following has been personally served on the tenant at the last known address of the tenant:(1) An order for removal of personal property issued under section 2 of this chapter. (2) The identity and location of the warehouseman or the storage facility.
The botXXXXX XXXXXne here is that if the bank wants to be completely protected, they should ask the court for an order of abandonment. After they get the order (which should only take a couple days), they should then send it to the "tenant" at his last known address, along with the address of the storage facility where they plan to move it. In 90 days, the storage facility has a legal right to sell the property to pay for the storage of it.
The other option is just to trash the property. The chances of the owner/tenant coming back and suing the bank for this is slim to none.
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