According to a news report from 2024, Indianapolis has over 1,800 properties classified as unsafe or abandoned, creating ample opportunities for unauthorized occupants to take residence. These situations pose challenges to property owners and raise concerns about Indiana's adverse possession laws, which could allow such occupants to claim ownership under specific conditions.
Waiting too long to act could put your property rights at risk. The longer a squatter remains in your home, the harder it becomes to evict them. By taking immediate legal action, serving the proper eviction notice, and working with professionals, you can prevent squatters from turning your property into their own.
In this article, we’ll discuss squatter rights in Indiana, how adverse possession laws apply, and the essential legal steps every property owner should take to safeguard their investment.
The Legal Process for Evicting Squatters in Indianapolis
Squatter rights refer to the legal principles that allow a person to claim ownership of a property they do not own if they meet certain conditions under Indiana's adverse possession laws. Although squatters don’t have legal title to the property initially, they may attempt to establish adverse possession by proving actual, exclusive, continuous, and hostile possession of your property. If a squatter meets all these conditions and pays property taxes, they may successfully claim adverse possession and gain legal ownership.
Removing squatters from your property requires following Indiana law precisely. Even though squatters are occupying your property without permission, you cannot simply remove them by force—doing so could result in legal consequences. Instead, property owners must go through the formal eviction process to regain control of their property legally and safely.
Here’s a step-by-step breakdown of what the legal eviction process in Indianapolis looks like:
1. Serve an Eviction Notice
Before taking legal action, you must provide squatters with a formal notice informing them that they are illegally occupying your property and must vacate within a specific timeframe. Under squatter rights in Indiana, unauthorized occupants do not have immediate legal ownership of the property, but they cannot be removed without following the proper eviction process.
Indiana law typically requires that a 10-day notice to quit be given to unauthorized occupants before filing an eviction lawsuit. The notice should be in writing and state that the squatter must leave the premises within the allotted time or face legal action.
This step ensures that squatters are formally informed and allows them to leave voluntarily before the situation escalates to the courts.
If the squatters ignore the notice and remain on the property, the next step is to take legal action.
2. File an Eviction Lawsuit (Forcible Entry and Detainer Case)
Suppose the squatters refuse to leave after receiving a formal notice. In that case, the property owner must file an eviction lawsuit with the local court, also known as a forcible entry and detainer case. While squatter rights in Indiana provide certain legal protections, they do not grant ownership unless specific conditions under adverse possession laws are met.
The lawsuit must be filed in the county court where the property is located. The property owner must provide proof of ownership, such as the deed or tax records, to show that they are the rightful owners. A court hearing will be scheduled, during which the property owner and the squatters can present their cases.
During the hearing, the judge will determine whether the squatters illegally occupy the property. If the property owner provides sufficient evidence, the court will favor them.
3. Obtain a Court Order for Eviction
If the judge rules in favor of the property owner, the court will issue a writ of possession, a legal document that orders the squatters to vacate the property. This court order is typically given within a few days after the hearing.
The squatters will also be given a final deadline to leave before law enforcement intervenes. If they fail to comply, the property owner can request assistance from the local sheriff’s department to enforce the order.
At this stage, squatters no longer have any legal standing to remain on the property, and their refusal to leave may result in law enforcement intervention. While squatter rights in Indiana allow certain legal protections, they do not override the legal owner's rights once a court order has been issued.
4. Enforce the Eviction Order and Remove Squatters
If squatters still refuse to leave after receiving a court-ordered eviction notice, law enforcement officers will evict them. If necessary, the local sheriff or police department will physically remove the squatters.
Any personal belongings left behind by the squatters must be handled according to Indiana’s abandoned property laws, which may require storing them for a short period before disposal.
The property owner can then resecure the property to prevent the squatters from returning.
What Happens If a Squatter Successfully Claims Adverse Possession?
In rare cases, squatters may gain ownership if they meet all the requirements of squatter rights in Indiana under the state’s adverse possession laws. This means they could apply for a legal title if they have occupied the property openly and continuously for the required statutory period and have paid property taxes.
However, property owners can challenge this by proving:
- The squatter did not meet the statutory period for continuous possession.
- They had the owner’s permission at some point, which nullifies the claim.
- The squatter used false or fraudulent documents to try to claim the property.
Challenging an adverse possession claim requires strong legal support, so it is best to work with a property management company or legal counsel.
How Can Property Owners Prevent Adverse Possession Claims?
As a property owner, you must take proactive steps to prevent squatters from occupying and potentially taking over your property. Here’s how you can protect your investment:
- Regularly inspect your property – Visit often, especially if it’s vacant.
- Secure abandoned property – Lock doors, install security cameras, and post proper notices.
- Pay property taxes on time – This prevents squatters from using false or fraudulent documents to claim ownership.
- Act fast – If someone lives on your property without permission, start the eviction process immediately.
- Seek legal assistance – Work with a property management company like PMI Midwest to ensure squatters won't take advantage of the law to claim actual possession of your property
Reclaim Your Rental Property with the Right Legal Steps!
Dealing with squatters in Indiana is not only stressful but also legally challenging. If a squatter refuses to leave, landlords must go through the formal eviction process, which can be time-consuming and complicated. Acting quickly is crucial to prevent adverse possession in Indiana and protect your property. Instead of handling the situation alone, property owners can benefit from the expertise of professional property managers who understand Indiana eviction laws and know how to navigate legal proceedings efficiently.
At PMI Midwest, we specialize in helping landlords handle all aspects of rental property management, including removing unauthorized occupants. Our team ensures your rental properties remain secure, legally compliant, and profitable. We offer:
- Eviction services – We handle the legal process of removing squatters efficiently.
- Property inspections – Regular monitoring to prevent unauthorized occupancy.
- Tenant screening – Finding reliable renters who will respect your property.
- Legal assistance – Ensuring compliance with Indiana landlord-tenant laws.
- Full-service property management – We cover everything from leasing to maintenance.
Don’t let squatters take over your investment, and take action today! Get in touch with us to learn how we can protect your rental property, handle legal challenges, and keep your investment profitable.
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