Bill > HB1189

This bill establishes a comprehensive legal framework for property owners to remove unauthorized persons from residential property through a structured process involving law enforcement. The bill creates a new article in the Indiana Code that defines key terms like "unauthorized person" (someone occupying a property without permission or legal right) and outlines a detailed procedure for property owners to request removal. Property owners must appear before a law enforcement agency, provide government-issued photo identification, pay an administrative fee between $100-$300, and execute a detailed affidavit affirming they are the rightful property owner and that the occupant has no legal right to be on the property. The law enforcement agency is then required to serve a notice to vacate to the unauthorized persons and restore the property to the owner. The bill includes significant legal protections, such as warning potential affiants about potential civil and financial penalties for making false statements, and establishing a civil cause of action for persons wrongfully removed. If a person is found to have been wrongfully removed, they can sue the affiant and potentially receive damages including triple the property's monthly rental rate, court costs, attorney's fees, and a $25,000 fine. The bill also amends existing criminal trespass laws to specifically include a Level 6 felony provision for causing over $10,000 in damage to a dwelling.

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https://iga.in.gov/legislative/2025/bills/house/1189/details