Squatters Rights in Indiana and Kentucky: What Owners Can Do

Who this guide is from: Mortgage Forfeiture is Roger Choate's local direct home-buying business serving Southern Indiana and the Louisville metro. Informational guides are general education; legal, tax, lending, and court decisions should be reviewed with the appropriate licensed professional.

A squatter in Indiana or Kentucky has no right to stay in your house, and since 2025 both states have a statute that tells law enforcement to remove a person who never had permission to be there. The only "right" a squatter can ever build is adverse possession, which takes ten years in Indiana with the property taxes paid, and fifteen years in Kentucky, and has to be proven in court by clear and convincing evidence.

This guide covers the difference between a trespasser, a squatter and a tenant, the 2025 removal laws in each state, the court routes that still apply, adverse possession, and what to do if you would rather sell the house than fight over it. It is not legal advice. The facts of your case decide which process applies, so talk to an attorney in the state where the house sits.

Trespasser, squatter or tenant: why the label matters

A trespasser enters or stays after being told to leave. In Indiana, knowingly entering a dwelling without consent, or entering or refusing to leave real property after being denied entry, is criminal trespass, a Class A misdemeanor under IC 35-43-2-2. In Kentucky, knowingly entering or remaining in a dwelling without privilege is criminal trespass in the first degree, a Class A misdemeanor (KRS 511.060); lesser degrees cover enclosed premises (KRS 511.070, a Class B misdemeanor) and other premises (KRS 511.080, a violation).

A squatter, as both 2025 statutes define the term, is someone occupying your property who has no rental agreement, no permission and no other property interest, and never had one. That person is covered by the fast removal process.

A tenant, or a former tenant whose lease ended or who stopped paying, is not a squatter under either statute. Neither is a guest you or a tenant let in. Those people go through the landlord-tenant process, and the lock-out rules protect them. This is why an occupant who shows a lease, even a fake one, slows everything down: the officer has to decide whether there is credible evidence of a tenancy.

Indiana: the 2025 affidavit law and the court routes

Removal by affidavit (IC 32-31-12)

Indiana added IC 32-31-12 in 2025. Here is how it works:

1. You sign an affidavit stating that the person is occupying your property, has no rental agreement, permission or other property interest, and never had one. The affidavit must say that a false statement is subject to the penalties of perjury. The law enforcement agency may have a form.
2. You give a copy to the law enforcement agency. Not later than 48 hours after receipt, the agency must dispatch officers to remove the squatter. It can go later for public-safety reasons, but then as soon as practicable.
3. The officer removes the person unless there is credible evidence that he or she has, or formerly had, a rental agreement, permission or other property interest, or is an invitee of you or of a current or former tenant. The officer can also arrest the person if there is probable cause for an offense.
4. The affidavit route is in addition to your other remedies, including an action for possession or emergency possession. A person removed on a knowingly false affidavit can sue you.

Ejectment in court (IC 32-30-3)

If the affidavit route does not fit, for example because the occupant produces something that looks like a lease, you file an action for ejectment or recovery of possession in the county where the house sits. Under IC 32-30-3 you can file an affidavit that you are entitled to possession and the defendant is holding it unlawfully; the clerk issues an order to show cause with a hearing no earlier than five business days after service on the defendant; if the court issues an order of possession, the executing officer removes the occupants not earlier than 48 hours after the order is served. Filing fees and attorney fees vary by county and case; ask the clerk and your attorney.

Former tenants

Someone whose lease ended or who stopped paying rent is handled under Indiana's landlord-tenant article, IC 32-31, including the emergency possessory order in IC 32-31-6, which is a landlord-tenant remedy with a hearing set within three business days of the petition. Until a court says otherwise, a landlord may not change the locks, remove doors or shut off utilities on a tenant (IC 32-31-5-6).

Kentucky: the 2025 petition law and forcible detainer

Removal by petition (KRS 383.290)

KRS 383.290 took effect June 27, 2025. An owner or the owner's authorized agent can ask a law enforcement officer to immediately remove a person unlawfully occupying real property if all five of these are true:

• The person is not and never has been a tenant, and never had a written or oral agreement from you to occupy the premises.
• The property was not open to the public when the person entered.
• You have directed the person to leave.
• The person is not an immediate family member of yours.
• There is no pending litigation about the property between you and any known occupant.

You present a completed Petition to Remove Persons Unlawfully Occupying Real Property, with a copy of your government ID or proof of your authority as agent. The statute sets out the form, and Kentucky State Police must post a version online. The officer verifies your identity, then without unnecessary delay serves a notice to immediately vacate, by hand or by posting, and puts you in possession. The officer may arrest anyone found there for trespass or other cause. The sheriff or constable may charge a service fee set by the statute. After the notice is served you can ask the officer to stay while you change the locks and move the occupants' belongings to or near the property line.

Two cautions. The procedure can't be used against a current or former tenant or anyone who once had your permission. And a person who is wrongfully removed can sue you in District Court within 60 days, with court costs and attorney fees if they win. Fill out the petition truthfully.

Forcible entry and detainer (KRS 383.200 to 383.285)

When the petition does not fit, Kentucky's court remedy for someone holding your property is a forcible entry and detainer action in the District Court of the county where the property sits (KRS 383.200 to 383.285). A forcible entry includes an entry without the consent of the person in actual possession. The warrant is served by the sheriff or a constable, the case is tried by the judge unless a party demands a jury (KRS 383.210), and a warrant of restitution puts you back in possession after judgment. Where a city or county has adopted the Uniform Residential Landlord and Tenant Act, a tenant who is locked out or has utilities cut can recover possession plus damages and attorney fees (KRS 383.655), so do not use self-help on anyone who might be a tenant.

Adverse possession: the only real "squatters right"

Indiana: ten years, taxes paid

An action to recover possession of real estate must be brought within ten years (IC 34-11-2-11). The Indiana Supreme Court restated the test in Fraley v. Minger (2005): the claimant must prove control, intent, notice and duration by clear and convincing evidence, for the full period. Indiana adds a statutory requirement: the claimant must have paid all property taxes and special assessments he or she reasonably believed were due during the entire period claimed (IC 32-21-7-1). Paying your own tax bill every year is therefore your strongest defense. If you ever get a notice that someone else paid the taxes on your parcel, treat it as urgent and call an attorney.

Kentucky: fifteen years, or seven under record title

An action to recover real property must be brought within fifteen years (KRS 413.010). Kentucky courts require proof that the possession was hostile, under a claim of right, actual, exclusive, continuous, open and notorious for the full period, by clear and convincing evidence (Haag v. Wilson, Ky. App.). Kentucky has a shorter, seven-year rule only for someone who holds under a connected record title and actually occupies the land under it (KRS 413.060). Everyone else needs fifteen years.

Keeping squatters out of an empty house

• Lock it properly. Working deadbolts, locking windows, boarded or repaired openings. Most squatting starts with an easy way in.
• Check the house regularly and vary the times. Look for moved items, trash, bedding or food. If you live out of state, pay someone to check it.
• Post notice. In Indiana, a posted notice at the main entrance, or purple paint marks placed as IC 35-43-2-2 describes, counts as denying entry, which is an element of criminal trespass. In Kentucky, fencing, enclosure or purple paint marks give notice against trespass (KRS 511.070), and open land needs posted or personal notice (KRS 511.090).
• Pay the property taxes on time, every year. In Indiana that alone blocks an adverse possession claim.
• Keep utilities in your name and watch the accounts for use you did not create.
• Make it look lived in. Mow, clear the mail and flyers, keep an exterior light on a timer.
• Read your insurance policy. Many policies limit coverage once a house sits vacant for a set period. Ask your agent about a vacancy endorsement.

Selling a house with a squatter problem

Indiana's seller disclosure form (IC 32-21-5) covers the known condition of the house; Kentucky's form (KRS 324.360) applies when a licensed agent is paid in the sale. Neither lists occupants by name, but damage a squatter caused is a condition issue, and a buyer should be told in writing about anyone living there. Ask an attorney what your contract must disclose.

Most lenders won't close on a house with an occupant who has no right to be there, so a financed buyer usually needs the house empty first. A direct buyer can look at the house while the problem is still open, but possession has to be resolved or priced before closing.

What this means if you need to sell

If the house has become a burden, Roger Choate buys houses directly, as-is, in Louisville and Southern Indiana. He reviews the property and the records, including who is in it and what the title shows, then puts a written offer in front of you. If you accept, a title company handles the closing and you pick the date, subject to title, payoff and possession. There is no seller company fee or agent commission. Your mortgage payoff, liens, taxes, prorations and other settlement items still come out of the price and show on the settlement statement.

Roger cannot remove an occupant for you or promise how the process above will end, and no closing date is guaranteed. A direct offer removes buyer-financing and inspection contingencies but not title, lien, payoff, court or signature requirements. Before you decide, total what the empty house is costing you with the vacant house cost worksheet. If you live far away, see selling an Indiana house as an out-of-state owner. Roger buys in Jeffersonville and Southern Indiana and in Louisville and the surrounding Kentucky counties.

Frequently asked questions

If you would rather have a written number than another month of checking on an empty house, call (502) 528-7273 or Get My Cash Offer.

Roger Choate

Roger Choate is the founder of Mortgage Forfeiture and a local direct home buyer serving the Louisville area and Southern Indiana.