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Can a landlord legally change the locks during an eviction?

On Behalf of | Nov 18, 2024 | Criminal Law, Uncategorized

Facing eviction can be a stressful experience for tenants. People involved wonder about their rights and what actions landlords can legally take. In Indiana, the law provides specific protections for tenants during eviction.

Can landlords change locks without a court order?

The short answer is no. Indiana law prohibits landlords from changing locks or removing tenants’ belongings unless they obtain a court order. The law considers ‘self-help’ eviction illegal, requiring landlords to follow the proper legal procedures to evict a tenant. It includes:

  • Filing an eviction lawsuit
  • Obtaining a court judgment
  • Receiving a court order for possession
  • Allowing the sheriff to execute the eviction

Landlords can face legal consequences if they change locks or remove tenants’ property without following these steps. Tenants can sue for damages and may recover possession of the rental unit.

What are the consequences of illegal evictions?

Landlords in Indiana who try to evict tenants illegally can face serious consequences. Here is what might happen:

  • Financial damages: Courts can order landlords to pay tenants for actual losses, including costs for temporary housing and any damaged property
  • Punitive damages: Landlords might have to pay extra fines as punishment
  • Criminal charges: Sometimes, illegal evictions can lead to criminal charges against landlords

These rules help protect tenants from wrongful eviction. They also remind landlords to follow the legal process.

How can tenants protect their rights during an eviction?

If you face eviction in Indiana, you must know your rights and options. The law offers protection, but the eviction process can be complex. Only a legal professional can help you understand your rights, respond to eviction notices and represent you in court if needed. Act quickly in eviction cases and seek legal advice if unsure about your situation.

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