Introduced Version
HOUSE BILL No. 1083
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-31-12.
Synopsis: Protection of property rights. Defines "squatter" as an
individual who occupies the residential real property of another and
who does not have and has never had: (1) a rental agreement; (2)
permission of the owner; or (3) another legal interest in the residential
real property; authorizing the individual to occupy the residential real
property. Provides that under certain circumstances, a property owner
may obtain an expedited removal of a squatter from the property
owner's residential real property.
Effective: July 1, 2025.
Pressel, Haggard, Smaltz
January 8, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1083—LS 6632/DI 154 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1083
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 12. Expedited Removal of Squatters From Residential
5 Real Property
6 Sec. 1. This chapter applies only to the removal of a squatter
7 from residential real property.
8 Sec. 2. As used in this chapter, "residential real property" refers
9 to a lot or other parcel that contains a residential dwelling.
10 Sec. 3. (a) As used in this chapter, "squatter" means an
11 individual who:
12 (1) occupies the residential real property of another person;
13 (2) does not have a rental agreement, permission of the
14 property owner, or any other property interest authorizing
15 the individual to occupy the other person's residential real
16 property; and
17 (3) has never had a rental agreement, permission of the
2025 IN 1083—LS 6632/DI 154 2
1 property owner, or any other property interest that
2 authorized the individual to occupy the other person's
3 residential real property.
4 (b) The term does not include any of the following:
5 (1) A person whose rental agreement has expired or who may
6 have violated the rental agreement.
7 (2) An immediate family member of the property owner.
8 (3) A person who initially entered the residential real
9 property of another person when the property was open to the
10 public.
11 Sec. 4. To request the expedited removal of a squatter, the
12 property owner or the property owner's authorized agent must
13 execute an affidavit. The executed affidavit must be in substantially
14 the following form:
15 I, _______ (insert name), the owner or authorized agent of the
16 owner of the real property located at _________ (insert
17 address of the real property), declare under the penalty of
18 perjury that (initial each box):
19 1. ____ I am the owner of the residential real property or
20 the authorized agent of the owner of the residential real
21 property.
22 2. ____ I purchased the residential real property on ______
23 (date of purchase).
24 3. ____ An unauthorized person has unlawfully entered
25 and is remaining or residing on the residential real
26 property.
27 4. ____ The residential real property was not open to
28 members of the public at the time the unauthorized person
29 entered.
30 5. ____ I have directed the unauthorized person to leave
31 the real property, but they have not done so.
32 6. ____ The unauthorized person is not a current or former
33 tenant pursuant to any valid lease authorized by the
34 property owner, and any lease that may be produced by an
35 occupant is fraudulent.
36 7. ____ The unauthorized person sought to be removed is
37 not an owner or co-owner of the residential real property
38 and has not been listed on the title to the residential real
39 property unless the unauthorized person has engaged in
40 title fraud.
41 8. ____ The unauthorized person is not an immediate
42 family member of the property owner.
2025 IN 1083—LS 6632/DI 154 3
1 9. ____ There is no litigation related to the residential real
2 property pending between the property owner and the
3 person sought to be removed.
4 10. ____ I understand that a person removed from the
5 residential real property pursuant to IC 32-31-12 may
6 bring a cause of action against me for any false statements
7 made in this affidavit, or for wrongfully using this
8 procedure, and that as a result of such action I may be held
9 liable for actual damages, penalties, costs, and reasonable
10 attorney's fees.
11 11. ____ I am requesting the appropriate law enforcement
12 agency to immediately remove the unauthorized person
13 from the residential real property.
14 12. ____ A copy of my valid government issued
15 identification is attached, or I am an agent of the property
16 owner, and documents evidencing my authority to act on
17 the property owner's behalf are attached.
18 I HAVE READ EACH STATEMENT MADE IN THIS
19 AFFIDAVIT AND EACH STATEMENT IS TRUE AND
20 CORRECT. I UNDERSTAND THAT THE STATEMENTS
21 MADE IN THIS PETITION ARE BEING MADE UNDER
22 PENALTY OF PERJURY, PUNISHABLE UNDER
23 IC 35-44.1-2-1.
24 _________________
25 Signature of affiant
26 Sec. 5. (a) The property owner must provide a law enforcement
27 agency with a copy of the affidavit described in section 4 of this
28 chapter to request immediate removal of the squatter.
29 (b) When the law enforcement agency receives a copy of the
30 affidavit described in section 4 of this chapter, the law enforcement
31 agency shall verify that the person submitting the affidavit:
32 (1) is the record owner of the residential real property or the
33 authorized agent of the property owner; and
34 (2) appears otherwise entitled to relief under this chapter.
35 (c) If the affidavit is verified by the law enforcement agency
36 under subsection (b), the law enforcement agency shall serve a
37 notice to the squatter to immediately vacate the residential real
38 property and remove the squatter from the residential real
39 property.
40 (d) The law enforcement agency shall dispatch one (1) or more
41 officers to serve the notice to immediately vacate the residential
42 real property and remove the squatter as soon as practicable after
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1 the law enforcement agency verifies the affidavit under subsection
2 (b).
3 (e) A law enforcement officer dispatched to serve a notice to
4 immediately vacate residential real property and remove a
5 squatter shall, at the request of the property owner, remain on the
6 scene while the property owner:
7 (1) changes the locks to the residential real property; or
8 (2) removes the personal property of the squatter.
9 (f) In addition to removing the squatter from the residential real
10 property, a law enforcement officer may arrest the squatter if the
11 officer has probable cause to believe that the squatter has
12 committed an offense.
13 Sec. 6. A law enforcement agency that serves a notice to
14 immediately vacate residential real property and removes a
15 squatter is entitled to a fee for service.
16 Sec. 7. (a) A law enforcement agency or officer is not liable to
17 the squatter or any other party for loss, destruction, or damage of
18 property.
19 (b) A property owner or an authorized agent of a property
20 owner is not liable to a squatter or any other party for the loss,
21 destruction, or damage to the personal property of the squatter or
22 any other party unless the removal was wrongful.
23 Sec. 8. (a) An individual who alleges that the individual was
24 wrongfully removed under this chapter may bring a cause of action
25 for wrongful removal.
26 (b) The individual may seek remedies, including:
27 (1) restoration of possession;
28 (2) actual costs;
29 (3) damages; and
30 (4) attorney's fees.
31 Sec. 9. The provisions for the removal of a squatter under this
32 chapter are in addition to and supplement any other legal remedies
33 available to the property owner, including filing an action for
34 possession or emergency possession under IC 32-31.
2025 IN 1083—LS 6632/DI 154