[olivejoshme]

This is really a question for my sister... I have rented before and it seems a little strange to me, so I thought I would ask.

My sister and her ex-husband got an apartment last May before they got married. January they split up and he moved out, and she got a loan to pay out the rest of her rent for the extent of the lease and the rest of her school for the semester. Long story short one of her part time jobs let her go and she got out of school and has been unable to find a job - making her out-of-lease rent due (after one year lease is up, you can rent month by month.) Not saying that the landlords HAVE to be flexible, but this is the first time she is late, and had three months of rent paid in advance from the loan.

So, her landlord posted an eviction notice on her door the tenth (rent only 10 days late), giving her 10 days (to be out by the 20th). Two days later, she calls my parent's home and wants my sister to call her. She calls and lets her know when she will be back to the apartment (she has been there packing during the day because she has lost the electricity in the apartment) and the landlord sent over her son to talk to her. She gave him a timeline, saying she would be out on Sunday (8 days into the 10 day eviction). While packing today the landlord came over and entered the apartment using her key - My sister came to the door and the lady seemed very surprised and said, "When you leave write down what the meters were at," and left saying nothing else.

I am not sure what Indiana's laws are concerning Landlords entering an apartment un-announced and without an emergency. I'm also not sure if that holds up under an eviction. I just thought it was weird, and not sure she had any reason to come into the apartment after she told them she would be moving everything on Sunday. It really wierds my sister out to think that the landlady may be coming in there often when she is not there and possibly going through her things, and now is concerned if things are missing.

Just wanted to hear your thoughts on this.
Thanks!

[landlord advocate]

The landlady probably thought she had moved out already and was in there to read the meters. She does not have a right to enter the apartment without first giving notice of her intent. She made an error in judgment, but that was probably all. Since the utility was turned off, the landlady probably thought your sister moved earlier than expected. Since her ex-husband was also on the lease, remind your sister that he is responsible for half the rent money whether he lived there or not. She can take him to small claims court to collect (unless other arrangements have been made for payment).

[olivejoshme]

The landlady probably thought she had moved out already and was in there to read the meters. She does not have a right to enter the apartment without first giving notice of her intent. She made an error in judgment, but that was probably all. Since the utility was turned off, the landlady probably thought your sister moved earlier than expected. Since her ex-husband was also on the lease, remind your sister that he is responsible for half the rent money whether he lived there or not. She can take him to small claims court to collect (unless other arrangements have been made for payment).

Well, after conversing with my sister, she said that she had told the Landlady she would not be able to move sooner than Sunday because it would be the only day my father could/would help her move. She also told me that all meters are on the outside of the apartment. And about the ex, the lease was in her name, but he was listed as a resident. I also believe that they have other arrangements concerning this topic, but I'll have to talk to her about that more to try and help her.

My sister is pretty upset, I just told her that the Landlady may have had it in her lease agreement (which she cannot find in her files for some reason) where she can do this once eviction is posted or for any other reason. I guess her file drawer was open (not normal) and looked as if it had been looked through. She says she thinks the only thing not there is the folder containing her lease agreement and information about the apartment. She is also checking to see if there is anything else missing. Unfortuately the apartment was already a little messy from packing things up so she is somewhat unsure - and a few items had already been moved back home.