Can Police Remove Squatters in Indiana? (New 2025 Law Explained)
For years, I heard the same frustrating phrase from officers when we tried to secure our properties: "It's a civil matter." As of July 2025, that has changed.
Yes. Under Senate Enrolled Act 157, Indiana law now authorizes law enforcement to remove squatters without a court-ordered eviction. This new statute (IC 32-31-12) provides a rapid remedy for homeowners dealing with unauthorized intruders.
However, strict conditions apply. Misusing this law against a legitimate tenant can result in severe civil liability and felony perjury charges. Verify your eligibility below.
Do I Qualify for Police Removal?
Question 1 of 2
Did the occupant EVER have a lease, rental agreement, or permission to stay (even if it expired years ago)?
Question 2 of 2
Have you ever accepted money (rent) from them, even once?
If they ever had a lease, they are a "Holdover Tenant." You must file for a standard Civil Eviction. Using the squatter affidavit is illegal.
By accepting money, you may have created a "Tenancy at Will." You must provide notice and file for Civil Eviction.
This person meets the statutory definition of a "Squatter" (IC 32-31-12-2). You may use the Affidavit process below.
Why the Law Changed: Senate Enrolled Act 157
Before 2025, squatters in Indiana exploited a legal gray area known as "Color of Title." If a squatter could produce a fake lease - even one written on a napkin - responding police officers were trained to classify the dispute as a civil matter to avoid violating 14th Amendment due process rights. This forced property owners to spend an average of $3,000+ on legal fees and wait 60 to 90 days for a court hearing.
Senate Enrolled Act 157 amends Indiana Code Title 32, Article 31 to close this exact loophole. It effectively shifts the burden of proof. Under the new statute (IC 32-31-12), if an owner provides a notarized, sworn statement that no lease exists, the police must act. The law grants civil and criminal immunity to law enforcement officers who remove occupants based on a properly executed affidavit.
Gary, IN — Post-Removal Walkthrough, Lake County
Walked a property on the east side of Gary two weeks after a successful SEA 157 removal. Three things stood out. First, the Lake County Sheriff's Civil Division enforces the 48-hour removal window under IC 32-31-12, but they required two forms of ownership documentation — deed plus a current tax bill — not just the deed alone. One form wasn't enough. Second, the 48-hour clock doesn't start until the Civil Division logs the affidavit internally, not when you hand it over at the window. Ask for the stamped receipt with the time on it. Third, the squatters had disconnected the gas meter at the street. Restoration took 11 days through NIPSCO and required a licensed plumber's inspection before reconnect. Budget for utility restoration delays, not just physical repairs.
This is a field observation, not legal advice. Requirements vary by county. Verify current procedure with your specific Sheriff's Civil Division before filing.
Legal Definitions: Who is an "Unauthorized Person"?
To utilize this law, the occupant must meet the strict definition of an "unauthorized person" outlined in IC 32-31-12-2. This is where many DIY landlords fail. A squatter in Indiana has no rental agreement, no owner permission, and no family relationship to the owner. A person is ONLY unauthorized if they satisfy all three of the following criteria:
- They do not have a written or oral rental agreement (lease).
- They have not been granted permission by the owner to enter or remain.
- They are not an immediate family member of the owner.
Note on "Immediate Family": If you allow a cousin or sibling to stay in your property and they refuse to leave, SEA 157 does not apply. Domestic disputes between family members are still classified as civil matters or domestic disturbances, not squatting scenarios.
Squatter vs. Holdover Tenant vs. House Guest: Indiana Law
At ASAP Cash Offer, we see these scenarios daily. Here is how the law applies in the real world:
Vacant Home Intruder
You inherit a vacant house. Strangers are inside claiming they "rented it online." Police can remove them.
Expired Lease
Your tenant's lease ended in May. They refuse to leave. You MUST use civil court.
The House Guest
You let a friend crash on the couch. Now they won't leave. Police usually won't assist.
Field Report: A Tale of Two Evictions
By Devon Wayne
In 2023, I purchased a distressed property in the Martindale-Brightwood neighborhood of Indianapolis. When I arrived, I found three individuals living there. They presented a handwritten "lease" on notebook paper. The police shrugged, told me "it's a civil matter," and left. It took me four months and $4,500 in legal fees to get possession. By the time I got inside, they had stripped the copper wiring and poured concrete down the toilets.
Fast forward to August 2025. I faced a similar situation in Gary, Indiana. This time, I arrived with the SEA 157 Affidavit in hand. The officers reviewed the document, verified my deed ownership online, and gave the occupants 20 minutes to vacate. No court, no judge, no four-month delay. The difference is night and day - but only if you follow the procedure exactly.
Dealing with stripped wires and damaged pipes? We buy squatter-damaged properties as-is.
The 48-Hour Squatter Removal Timeline in Indiana
To succeed, you need to treat this like a criminal investigation. Document everything. Do not skip steps, or the Sheriff may refuse to enforce the removal.
Field Evidence Required
We recommend documenting the following before filing:
- 📸 Legal Doc: Signed Affidavit (Upload Photo)
- 📸 Evidence: Property Damage (Upload Photo)
- 📸 Proof: Forced Entry (Upload Photo)
- 📸 Filing: Sheriff Receipt (Upload Photo)
*Always photograph documents and damage before filing.
Step 1: The Pre-Filing Investigation
Before you approach the authorities, gather your proof of ownership. You will need a certified copy of your Deed (available from the County Recorder) and a current utility bill in your name. If the squatters have put utilities in their name, this complicates the process, as it establishes a residency signal. You must also verify the property is not currently involved in a bankruptcy proceeding, which imposes an automatic stay on removals.
Step 2: Execute the Affidavit
You must legally swear under penalty of perjury that the occupant has no rights. This document must be notarized. Do not sign it until you are in the presence of a notary.
Affidavit for Expedited Removal
Step 3: File with Sheriff & Coordination
Take the notarized form to your County Sheriff's Civil Division. Do not just call 911. You must go to the administrative office. They are mandated to dispatch an officer within 48 hours, but in practice, you should ask for a specific appointment time so you can meet them there with a locksmith.
What Happens to a Squatter's Belongings After Removal in Indiana
One of the most dangerous misconceptions about the new law is that once the police remove the squatter, you can throw their belongings in a dumpster. Do not do this.
Even though the person has been removed, their property rights are still protected under Indiana's statutes regarding abandoned property (IC 32-31-4). You must follow the statutory process for storing and disposing of their belongings.
If you fail to do this, the squatter can successfully sue you in small claims court for the replacement value of their possessions. Here is what you must do:
- Inventory & Secure: Move the items into a secure storage area (a locked garage or a storage unit).
- Provide Notice: Send a written notice to the squatter's last known address (often your property) and directly hand them a notice if possible, giving them a reasonable timeframe (typically 10 to 30 days) to reclaim their property.
- Release: If they contact you within the window, you must return their items. You cannot hold their belongings hostage for damage repairs.
Perjury & Lawsuit Risks of Misusing the Squatter Affidavit
The state of Indiana intentionally included severe penalties in SEA 157 to prevent predatory landlords from bypassing standard eviction courts for actual tenants.
If there is any doubt about whether a person is a squatter or a holdover tenant, always consult with a local real estate attorney before submitting a sworn affidavit to the Sheriff.
Alternative: The "Cash for Keys" Strategy in Indiana
Even with the new expedited police removal, filing paperwork, changing locks, and storing abandoned property can be exhausting. For many investors, executing a cash for keys agreement or selling the property remains the most pragmatic solution.
Cash for keys is a legally binding agreement where you pay the unauthorized occupant a lump sum (often $500 to $1,500) to voluntarily leave the property within 48 hours, leaving it in "broom-swept" condition. While it hurts to pay someone to leave your own house, it almost always saves money compared to the legal liability and physical property damage a cornered squatter can inflict on their way out.
How Much Does It Cost to Remove a Squatter in Indiana?
Whether you choose to file an SEA 157 affidavit or use the cash for keys method, you will incur some expenses. Typical costs can range from the price of a notary and a locksmith ($150 - $300) to a full cash for keys payout ($500 - $1,500) plus any required property and utility repairs. A full civil eviction for a holdover tenant can exceed $3,000.
FAQs About Removing Squatters in Indiana
Can police remove squatters in Indiana?
Yes. Under Senate Enrolled Act 157 (IC 32-31-12), police can remove unauthorized persons within 48 hours if the owner files a sworn affidavit stating there is no lease or rental agreement.
What defines a squatter in Indiana?
An 'unauthorized person' is defined by IC 32-31-12-2 as someone who does not have a rental agreement, does not have the owner's permission to be present, and is not an immediate family member of the owner.
Can I throw away a squatter's belongings?
No. Even after removal, the squatter's possessions are protected under Indiana's abandoned property statutes (IC 32-31-4). You must store them and provide notice before disposal to avoid civil liability.
Tired of Dealing With Squatters?
Don't want to deal with the Sheriff, the paperwork, or the property damage? ASAP Cash Offer purchases squatter-occupied properties throughout Indiana, including Indianapolis, Gary, and Lake County. We buy houses AS-IS and handle the occupants so you don't have to.
