Indiana’s 2025 legislative session included a major change in property law, effective July 1, 2025 and aimed at protecting property owners from squatters:
· P.L. 191‑2025 (now Indiana Code 32-31-12) establishes a statutory definition of “squatter” – someone residing on a property without a lease, permission, or other legal interest – and an expedited legal process for their removal. Property owners can now provide an affidavit to law enforcement, stating that:
1) The squatter is occupying the owner’s property;
2) does not have a rental agreement, permission of the owner, or any other interest in the property that would authorize the person to occupy the property;
3) has never had any of the above; and
4) the person making the affidavit is subject to the penalties for perjury for false statements.
· Once the affidavit is presented to law enforcement, they must remove the squatter within 48 hours—unless public safety concerns delay action. Law enforcement is immune from civil liability when acting under this new law.
· If someone is wrongfully removed, they have the right to initiate a civil lawsuit against the property owner for damages.
Instead of initiating full eviction lawsuits—which could drag on—owners can now file an affidavit and expect law enforcement to act within a tight 48-hour window. However, the law is not a “short-cut” to evict unwanted tenants. If a person has ever had a right to occupy the property, they are not a “squatter” and regular eviction processes must be used.
If you need assistance preparing an affidavit or other county-specific procedures, you can contact the attorneys at Lorch Naville Ward.