To evict a squatter in Indiana, issue the appropriate eviction notice, file an eviction lawsuit, attend the court hearing for a judgment, and then enforce the eviction with a Writ of Execution, ideally with sheriff involvement for a smooth process. This article offers a clear guide to tackling such a situation, from understanding adverse possession to the precise steps necessary for eviction, including issuing the appropriate Notices to Quit and proceeding through the eviction lawsuit process. We delve into the various notices required under Indiana law, such as the 10-Day Notice to Pay Rent or the 45-Day Notice for illegal drug activity, and outline the legal proceedings from filing an eviction lawsuit to obtaining a Writ of Execution. Additionally, we explore Indiana's adverse possession laws that could potentially allow a squatter to claim ownership after ten years of continuous possession.
How Do I Evict Or Get Rid Of A Squatter From My Property?
Step One: provide squatters with an eviction notice.
There are a couple of different notices that property owners use in Indiana.
- 10-Day Notice to Pay Rent. This notice must include the amount that the squatter must pay to stay on the property. After ten days (not including weekends or holidays) have passed, the owner of the property can file an eviction.
- 45- Day Notice to Quit. If there is illegal drug activity on the property, the owner can deliver a 45-day Notice to Quit to the squatters.
- Immediate Eviction. If the squatters commit waste or there is prostitution activity on the premises, no prior notice is needed before filing an eviction lawsuit.
Step two: file an eviction lawsuit in an Indiana court
Seeking legal counsel is not required; however, obtaining counsel can make the eviction process smoother by ensuring proper notice has been given, an adequate amount of time has passed, and all forms are complete and accurate, so there is no delay. O'Flaherty Law has dedicated and experienced attorneys waiting to assist in your eviction matter.
To read more information about our Indiana Landlord-Tenant Attorney, please visit our website.
Step three: go to the hearing
A hearing will be scheduled after filing an eviction lawsuit. The judge will typically issue the eviction judgment at the hearing that will enable the owner to evict the squatters. Knowing the ins and outs of the court process, having an O'Flaherty law attorney with you at the hearing can ease your anxiety. Our attorneys will ensure you do not enter or leave the hearing without understanding what is going on and what will happen next.
Step four: Writ of Execution posted at the property
If the eviction judgment is granted, the owner will receive a Writ of Execution, which is the eviction judgment against the squatters. This Writ will be posted at the property giving notice to the squatters to remove their belongings. Having a sheriff present is usually the best idea to ensure the squatters leave the premises and no tension ramps up between the parties.
For more on eviction without a lease, please visit our other article.
What Are Adverse Possession Laws?
Adverse possession means a squatter is living on a property without permission from the owner of the property. In Indiana, a squatter must possess the property for a continuous 10-year period before having the ability to make an adverse possession claim. Adverse possession claims allow a squatter to obtain legal ownership of the property.
Squatters must meet each element outlined by Indiana's adverse possession laws. A squatter must meet the following elements to have grounds for a claim of adverse possession:
- Control – the squatter must show that they are in exclusive and continuous use of the property to show control.
- Intent – the squatter must claim full ownership of the property.
- Notice -the squatter gives formal notice to the legal owner of their intent and exclusive control.
- Duration – the squatter must satisfy each of these elements continuously for ten years.
Indiana does not require that squatters have the color of title to file for adverse possession. Color of the title only gives them ownership over the area of land they have occupied.
Does Indiana Have Squatter's Laws?
Indiana's adverse possession laws are squatters' only rights. Squatters can falsely claim that they have rights to property by producing false or fraudulent documents. If a squatter on your property does this, you will need to go through the eviction process outlined above.
Be advised, though, that if a person beautifies abandoned property, they can avoid criminal trespass prosecution. Additionally, if a person uses someone else's property without permission but there was a legitimate emergency, the person can be exempt from criminal trespass prosecution. Lastly, squatters cannot claim adverse possession of the occupied property.
Summary
In summary, understanding Indiana’s adverse possession laws and how to identify and evict squatters from your property is crucial for property owners. Regular property maintenance, security measures, and monitoring can help prevent squatting, while seeking legal assistance can provide expert advice and representation throughout the eviction process. Remember, knowledge is power - the more informed you are, the better equipped you’ll be to tackle any squatter issues that arise. Stay vigilant, be proactive, and seek legal assistance when necessary to protect your rights and your property.
Frequently Asked Questions
How do I get rid of a squatter in Indiana?
In order to legally remove a squatter in Indiana, it is necessary to serve them with an eviction notice. This should be followed by filing an official eviction lawsuit in court and attending the scheduled hearing. Once granted permission by the court, post a Writ of Execution at the property as final notice for the squatter’s removal from the premises.
How long does something have to be in your possession to be legally yours in Indiana?
If someone has been residing in a property located in Indiana for a period of 10 years or more, they may have the opportunity to establish their rights through adverse possession. This simply implies that by having physical control over the property for an extended time frame, one can potentially gain legal ownership of it.
How long can someone leave their property at your house in Indiana?
There is no law in Indiana that mandates a specific time frame for leaving personal belongings on someone else’s property.
What is the definition of adverse possession in Indiana?
In the state of Indiana, adverse possession is characterized by occupying a property for ten years or more without interruption and with sole control, while also fulfilling obligations such as paying property taxes. This legal concept allows individuals to gain ownership rights over land that they have openly possessed in an antagonistic manner for a significant period of time.
What are some signs that squatters may be occupying my property?
If you happen to observe any lights, trash, or furniture inside your unoccupied property, unexpected vehicles parked in the driveway, altered locks on doors and windows, or an increase in utility bills without explanation. These could all be indicators of squatters residing on your property.
It is important to stay alert and take action by conducting an Investigation if you encounter any of these warning signs.
If you want to know more about your rights or need help evicting a squatter from your property, please reach out to us. To request a consultation with an Indiana Landlord-Tenant Lawyer, call our office at (630) 324-6666, or you can also fill out our confidential contact form, and we will get back to you shortly.
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