Jeannie–
Occasionally I look through this advice blog. Today when I saw your posting I wondered if it may have been a case I dealt with. I did a quick search on my system and found your case. Let me say that WOW! did you get a nasty landlord. In all my years as an Investigating Agent, never have I been so frustrated with a landlord. I can tell that your landlords are extremely “green” or new at landlording. Such reckless behavior can cost them dearly, regardless of their reasoning. Your landlord at first claimed that they didn’t know it was wrong, in fact they even stated that the eviction Judge was aware and told them it was ok. (Judges deal with the case, anything outside of that is not their problem– this is most likely why the Judge did nothing.)
Long story short– Your landlords are now very aware of their illegal act. In most states our Agency can get law enforcement to restore your power and get your landlord arrested with a crime. But in Indiana, rent laws are behind the times! Indiana doesn’t consider such an act a criminal activity. Instead they group it under the civil statute. Based on your case, the RPA is approaching law makers concering a change to their statute.
You have every right to file a lawsuit, and with our documentation– it should be a open/ close suit. You will need to decide what should be done from here. Your landlord received the worst possible status on the case. This will greatly effect their landlord risk score, and it will make it impossible for them to ever get approved by the RPA.
Good luck! (Glad you’re in a better place!– hope they’re RPA Approved!)

I pulled my notes from the case. Here is what my investigation revealed:

INVESTIGATING AGENT – REMARKS (10)
Agent Date Response
Agent Nov 4, 2008 3 DAY NOTICE: This case will be closed after 3 days. Both parites are able to leave final comments before the case is closed. Pending 3 day period…

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Agent Nov 4, 2008 RIGHT TO SUIT: Tenant is allowed the right to sue landlords based on their unlawful actions involving the disruption of electricity. Landlords have been made aware of the statute and are refusing to comply with laws that govern them.

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Agent Nov 4, 2008 POLICE NOTIFIED: Agent has spoken with the Police Department concerning this issue. Deputy Josh Hurly is aware of the issue and will do what the law allows. Indiana does not classify this crime as a misdemeanor.

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Agent Nov 4, 2008 ILLEGAL ACT: According to Indianna Code 32-31-8-54a landlords do not have the right to shut off electrical systems. The act is in violation of the landlord tenant statute.

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Agent Oct 31, 2008 AGENT RESPONSE: Agent has explained that regardless of the reason the landlord has no right to shut-off utilities. Urgent request to restore power has been made.

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Agent Oct 31, 2008 LANDLORD RESPONSE: Landlord stated that the the power has been shut off. Landlord further explained how the tenant has not paid rent and has been cooking meth. Landlord states that the tenant has allowed dog to urinate and deficate in home. Tenant has been provided with 10 days by courts to move.

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Agent Oct 31, 2008 ALTERNATE CALL: Agent called again, no answer. Agent then contacted alternate phone number where he spoke with the husband.

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Agent Oct 31, 2008 LANDLORD HUNG-UP: After stating name and agency the landlord immediately hung-up on the Investigating Agent.

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Agent Oct 31, 2008 LANDLORD CONTACTED: Agent called landlord,

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DIVISION Oct 30, 2008 This case has been assigned to an Investigating Agent.

I can’t beleive you found such a slumlord to rent from. I can’t blame them much if you really were doing drugs in their unit, but if you are as good as you imply, then your landlord should not have the right to be a landlord. To make such allegations about a tenant is nothing less than a “Slumlord.”
Thanks for the advice! I agree we need to stick together as renters and do our homework on our landlords before renting.

we rent a room and pay 1/3 utilities /cable/internet also had use of washer an dryer one we rented from moved out Nov 16 -08 turning off every thing and taking the washer an dryer we owed nothing have recept,s to prove also have medical need,s for electric / heat an air statement from doctor he gave no warning just moved . now owner wont,s us out to remodel and to raise the rent to day we got a 3 day pay or quiet notice . we get ssi we just moved here and it,s cold an christmas i,m bi/polor and i can,t take stress he offered 200.00 if we moved out our # is 619-674-9189 our email skubaljenifer@gmail.com please help

can my landlord shut off my water while were in the process of moving out?!
heres what happened.. we moved in and long story short after 4 months we found out my dad was behind in rent and what not, and the landlord gave us an eviction, my dad had disappeared at this time, so no one knew this was comming. so he gace us 15 days to pay the rent or be out by jan. 30th 2009. well we have absolutly nowhere to go, but we are wating on a loan to move out on. is it legal for him to shut off our water because were not gone yet?! he never even served us a legal eviction. he typed it up on his computer and handed it to us. someone please help us.