Tenant dies landlord takes everything family isn't notified

[KMullins]

Jurisdiction

Indiana

I just found out today Sept 21 that my brother passed on Sept 8th. He and I are the last on our branch of the family. His friends and I were not acquainted. It was just chance that one of our cousins caught his obituary asking for next of kin to contact the hospital. In the course of gathering information I find out his land lord has removed all of his belongings and had his car towed somewhere from the landlord's property 4 days after he passed. This sounds highly illegal. I contacted the land lord today and informed him who I was. He is now demanding 2 months rent to release my brothers belongings.

I am going to contact the Sheriff in Indianapolis tomorrow to see if this is criminal theft. I think it's an illegal eviction. No probate court documents and no due diligence in contacting family.

Am I wrong?

 

[adjusterjack]

My guess is that the Sheriff will tell you it's a civil matter.

The only way you get to engage in a civil matter with the landlord is if you open probate for your brother's estate and get appointed by the court as representative of the estate.

If your brother had a will, it would be up to the nominated executor to do that. If you happen to be that nominated executor you would still have to open probate and get confirmed by the court as representative of the estate.

Meantime, it's possible that the landlord is behaving correctly under Indiana's landlord tenant statute that addresses tenant's property left in the rental unit. The landlord might have a legitimate claim against the estate for back rent along with a lien on the property until the rent is paid.

See the statute at:

2015 Indiana Code :: TITLE 32. PROPERTY :: ARTICLE 31. LANDLORD-TENANT RELATIONS :: CHAPTER 4. MOVING AND STORAGE OF TENANT'S PROPERTY

But, no, I don't think it's theft or an illegal eviction.

 

[ElleMD]

It isn't clear what you think the landlord should have done. He likely didn't even know his tenant had a brother and the guy certainly wasn't coming back.