Cal. Civ. Code § 32-31-12-5
Credible evidence that an individual is not a squatter
Operative Text
Sec. 5. (a) Except as provided in subsection (b), a law enforcement officer dispatched to remove a squatter shall remove the squatter from the property unless the law enforcement officer discovers credible evidence that the individual is not a squatter because the individual: (1) has a rental agreement, permission of the property owner, or any other property interest permitting the individual to occupy the property; or (2) formerly had a rental agreement, permission of the property owner, or any other property interest that allowed the individual to occupy the property. (b) A law enforcement officer dispatched to remove a squatter shall remove the squatter from the property unless the law enforcement officer discovers credible evidence that the individual is an invitee of: (1) the property owner; or (2) a person who has or formerly had a rental agreement or permission of the property owner to occupy the property. A law enforcement officer dispatched to remove a squatter from a railroad or a railroad car may rely upon a statement from an individual working on the railroad or in the railroad car that the individual alleged to be the squatter does not have a lawful reason to be on the railroad or in the railroad car as credible evidence to remove the squatter under this subsection. (c) In addition to removing the squatter from the property, a law enforcement officer may arrest the squatter if the law enforcement officer has probable cause to believe that the squatter has committed an offense.
Indiana Code § 32-31-12-5 establishes the conditions under which a law enforcement officer dispatched to remove a squatter must halt or proceed with that removal. If the officer discovers credible evidence that the individual holds or formerly held a rental agreement, the property owner's permission, or another recognized property interest—or is an invitee of the owner or a lawful occupant—the officer is not required to remove that person. In the absence of such evidence, the officer proceeds with removal and may also make an arrest if probable cause exists that an offense has been committed.
Plain English — not legal advice.
Under Ind. Code § 32-31-12-5, property owners who contact law enforcement about a squatter should be prepared to demonstrate that the individual lacks any current or former rental agreement, permission, or other property interest tied to the premises. Operators who maintain clear, written records of all authorized occupants and any permissions granted are generally better positioned to support a removal request. Keeping documentation of lease terminations, trespass notices, and any prior occupancy arrangements helps establish the factual record an officer may need to assess.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-12-5 provides that a person who has or formerly had a rental agreement, the property owner's permission, or another recognized property interest—or who is an invitee of such a person—may present that as credible evidence to prevent removal by a responding officer. Tenants or former tenants who believe they have a lawful basis to occupy a property can bring any available documentation, such as a lease or written permission, to the officer's attention at the time of the encounter. Those who believe their rights under this provision have been violated may wish to consult a tenant-rights organization or legal aid service for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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