Thank you.Non-titled property
First of all, click here
, and scroll down to Indiana. This is how former landlords deal with tenant property abandoned after the lease.
This person - Guy - was never your tenant. So the above does not apply, although some parties like to follow the same "standard" steps, although this is not completely necessary. So we will call the above the "through landlord method."
There is also what we can call the "basic requirement method." There is no law in Indiana statutory codes of "how long one should keep the other's property." While the statutes are vast, some things are bound to be left out. Ergo, we fall back on the doctrine of "common law." The system has come up with a way to deal with this matter that is called "estoppel by acquiescence." Estoppel by acquiescence may arise when one person gives a legal warning to another based on some clearly asserted facts or legal principle, and the other does not respond within "a reasonable period of time". By acquiescing, the other person is generally considered to have lost the legal right to assert the contrary.
In this case, someone in your situation would send a certified letter (return receipt requested) to the last/any known address of Guy (as well as an email, telephone call, and SMS) telling him that he has a reasonable amount of days from receipt of the correspondence (normally 20 to 30) to come and pick up the items or else you will lawfully take possession of them after considering them abandoned. If he does not, then that would mean that they are all yours to do with as you wish.
You keep a record of what was sent, so that if he ever try to claim that you took the items without permission, you have the affirmative defense of estoppel by aquiescence.
Template letter:Dear ____________,
This correspondence is in regards ***** ***** property stored at __address____, left by you on ___date_____.
To this date, the property has not been picked up. Notice is hereby given that unless this property is picked up in __ days of your receipt of this certified letter, the property in questions will be donated and otherwise disposed of.
Please contact me via ____tel and/or ___address____ to coordinate your pick up of the property.
So it is up to you whether you want to use the "through landlord method" or "basic requirement method." Either way, one needs to attempt to notify the former owner and/or use due diligence in attempting to do so.Titled Property
In order to claim an abandoned vehicle and title it, one has to contact the Bureau of Motor Vehicles Division and file a report. The BMV will then send the claimant a Transfer Ownership Form, and then attempt to contact the owner of the vehicle. If the owner does not respond, the claimant will be contacted to complete the Transfer Ownership Form and the title will be issued to the claimant.Tenant
She is what is known as a tenant at sufferance
. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.
A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.
However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.
So here, you may:
1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.
A good notice to quit is 3-5 days prior to filing an eviction, although how many days exactly notice is required is subjective.
Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.
I hope this helps and clarifies. Gentle Reminder: Use the SEND
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