A squatter is a person who occupies a property or part of land without the owner's permission and often claims legal ownership. As a landlord or property owner in Illinois, it's important to get familiar with squatters rights to prevent someone from claiming ownership of your property.
Not only is squatting legal in most states including Illinois, but squatters also have their own set of rights which can determine how you approach them legally.
What are Adverse Possession Laws?
If a squatter meets all requirements to potentially gain possession of the land or property, they can try to claim adverse possession, which is a legal doctrine allowing someone to gain ownership. According to Illinois' Adverse Possession Laws, if a squatter occupies a property for at least 20 years and meets standard adverse possession requirements, they can actually be legally entitled to the property without paying anything to the property owner.
The last thing a property owner or landlord needs is to have a stranger take over their land or property. That's why it's so important to be informed about Illinois adverse possession laws and squatters rights. Here's what you need to know.
2026 Illinois Squatter Legislation Changes
As of January 1, 2026, Illinois law reclassifies squatters as criminal trespassers rather than tenants under Senate Bill 1563. This new bill clarifies the following:
- People squatting in a vacant property without permission can be treated as criminal trespassers rather than tenants, which changes how they can be removed. Previously, Illinois landlords often had to go through a full eviction process, a civil proceeding that could take months.
- As part of the new law, police can remove unauthorized occupants on the spot if proof of ownership is provided and the occupant has no valid lease.
- Property owners can present proof of legal ownership to police, and law enforcement officers are empowered to remove unauthorized occupants more quickly and without a formal eviction process.
In an effort to provide the most up to date information, we'll continue to update this article as updates are made.
Understanding Illinois's Squatter Rights
Reasons for Squatting
In Illinois, squatting can happen for many reasons, such as a person occupying an abandoned property or moving into a foreclosed home. Other common reasons include:
- A person taking shelter in your home due to an emergency or unforeseen circumstance
- The occupants were not aware that the property was yours or that they needed your permission
- A neighbor assumes part of your land accidentally by maintaining it, putting their property on it, or paying taxes on it
- A misunderstanding with the title deed or having some or partial documents but not the full title to the land
No matter the reasons a squatter ended up on the property, Illinois law states that they may be able to gain adverse possession (title and ownership of the property) after residing for 20 years. Property taxes and a color of title are usually also required to make an adverse possession claim.
While the law has been updated to help property owners remove unauthorized occupants faster, remember to follow standard Illinois eviction laws and squatters rights.
What's the Difference Between Squatting and Trespassing?
It's important to understand the difference between squatting and trespassing, as one may be considered a criminal offense while others are not. There are three common types of unwanted occupants, each of which will determine the appropriate action to take as a landlord:
- Squatting: Remember that a squatter lives on a private property without permission and is usually taking advantage of a vacant, foreclosed, or otherwise abandoned property. Squatters do not make rent payments.
- Trespassing: Trespassing is a criminal offense because the person who enters the property knows they are entering without permission. Often, trespassers are breaking and entering, hiding, or ignoring trespasser warnings. This is usually considered criminal trespassing.
- Holdover Tenants: The last type of occupant is a holdover tenant. This is where a person was a tenant on the property at some point, but the lease agreement ended, and the tenant should have moved out but didn't. A tenant may remain on the property because they're unable to find another place to live, have frustrations with the landlord, or in cases like a recession or pandemic.
Illinois Adverse Possession Claims
In order for a squatter to claim property rights in Illinois, several conditions must be met. These conditions are known as adverse possession laws and govern how squatters can prove legal claim over a property as well as how the owner of a property can evict a squatter if necessary.
Is a Color of Title Needed for Adverse Possession in Illinois?
No, a color of title (a document that appears to be a legitimate claim to the land but is not) may be a requirement for filing an Adverse Possession Claim in many states, but not Illinois. However, having one may be helpful and even expedite the process.
Possession Claim Requirements
If a squatter decides to claim adverse possession of the property they are inhabiting, they must meet all of these requirements. Missing even one of these claims will result in a denial of possession, which can result in an adverse possession case being thrown out in court. Adverse possession claims must include the following strict legal criteria:
- Hostility: Hostility, in this case, does not mean a violent takeover. Instead, it means the possessor (or squatter) must either have made a genuine, good-faith mistake and did not realize they were trespassing until after a long time passed, or were aware of their illegal trespassing.
- Actual Possession: The person must live physically on the land and maintain and treat the property as if it were their own.
- Open and Notorious Possession: The squatter must be open and obvious about their occupancy and cannot hide out of sight. The person must live as if they were rightfully living on the property before they can claim ownership.
- Continuous and Exclusive Possession: To qualify for squatters' rights in Illinois, a person must not share their possession with others and must occupy the property continuously for twenty years. If they leave and return at a later date, the time starts over.
- Squatter's rights are only applicable in Illinois if a person can clearly demonstrate these requirements. If a person wants to claim adverse possession, they must meet the required occupation period of 20 years, fit all requirements listed above, not use the property for illegal activities, and can show that they pay property taxes.
Removing Squatters: Eviction Process for Property Owners
What if someone has already taken up residence on your Illinois property? Whether it was intentional or not, there are steps you can take to regain your possession. First, do not try to remove them yourself—remember that they have legal protections, if even temporarily.
In Illinois, the only way landlords can legally remove a squatter from their property is to follow standard eviction laws.
Here's how to properly evict a squatter while abiding by Illinois laws:
- Call the Police: You'll need a good paper trail to start, and calling the police will allow you to get a report issued, state the unauthorized occupancy, and start the process to legally remove them. With the addition of SB 1563, Illinois law enforcement may be able to guide you into the faster removal process rather than having to go through the time intensive eviction process.
- Serve an Eviction Notice: If legally required, you'll need to serve the person who occupies the property with a proper notice stating that, as the property owner, you are asking them to leave the premises by a certain date to risk further legal action.
- Start an Eviction Lawsuit: If the squatters refuse to leave, ask an attorney in Illinois or a sheriff for legal counsel. You may need to start filing for eviction through the court process. This involves filling out paperwork, providing evidence of legal ownership, and possibly attending court proceedings to present your case.
- Law or Court Ordered Eviction: If the sheriff or court rules in your favor, the sheriff's department will assist in physically removing the squatters from the property. You can then continue being a legal owner of the Illinois property.
Visit our blog for more details on the laws and rules regarding the Illinois eviction process.
How Long Does the Eviction Process Take?
The eviction process for squatters in Illinois can take several weeks or months depending on the court's schedule. In most cases, it should be resolved within a month or so.
How to Prevent Squatters in Illinois
When it comes to preventing squatters and adverse possession claims, prevention is crucial. As a property owner, there are several measures you can take to protect your properties, potentially saving you time and money in the long run. Take these steps to protect your property rights:
- Pay Property Taxes: If you want to secure your ownership and stop squatters from making adverse possession claims on your property, make sure to pay property taxes each year.
- Install a Security System: Another good way to prevent your foreclosed or vacant property from squatters? A security system. Install locks and sensors on key access points, so if someone attempts to break in, you can get notified immediately and act before they have a chance to settle. The initial setup can be expensive, but it's worth it considering the alternative.
- Carefully Screen Tenants: If you rent out an otherwise vacant property, screen each tenant thoroughly before they move in. This can help you avoid renting to someone previously involved in criminal activity or other red flag behaviors.
Pro Tip: You can screen tenants directly in TenantCloud with our tenant screening tools including thorough background checks, credit checks, and financial summary.
- Occupy the Property Often: If you're far away from a property with significant gaps in occupancy, check your property regularly or have someone you trust perform regular check-ins. Consider investing in a property management company. Frequent visits will help deter squatters in Illinois.
- Keep a Lived-in Presence: Store items in or outside of the home to make it look like someone lives there, even if it's empty. Stay on top of landscaping, get the mail, and clean it regularly.
- Address Lease Violations: If you suspect you have an occupant overstaying their welcome, take immediate action. Issue a proper warning and initiate the eviction process as soon as possible.
- No Trespassing Signs: Putting up “No Trespassing” signs will make it more difficult for a squatter to claim they did not know they were occupying the home illegally.
- Liability Insurance: Landlords should consider carrying liability insurance to protect against potential claims from squatters.
Conclusion
Illinois's squatter rights law can be a nightmare for a landlord. However, the more you take preventive measures and trust in the eviction process, the more you can protect your property from a squatter situation. Seek legal advice and consult with local authorities whenever possible.
Your property is an investment, and by taking the proper course of action, you can safeguard it from unwanted intruders and maintain your legal rights. Adverse possession can be tricky to navigate, but you can stay protected as a property owner with a few additional steps.
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FAQs
Do squatters need to pay property taxes to claim my property?
Yes, in Illinois, paying property taxes shows that you own the property and remain in control even if squatters currently occupy it.
Can landlords in Illinois remove squatters?
No, Illinois landlords do not have the right to remove people from their property outside of the legal system. The only way to evict a squatter in Illinois is to talk to a sheriff or follow the legal eviction process. With recent Senate Bill 1563 law updates, law enforcement can now remove squatters from an Illinois property quickly, but in some cases, an eviction process may still be necessary.
Is it a good idea to let squatters pay rent?
If a squatter pays rent, they will become tenants with tenant rights, and if you'd like to evict them, it may make the eviction process more difficult. In some cases, letting them pay rent may be beneficial, but you'll want to consult with a legal professional before choosing to let occupants stay.
What properties are more likely to attract squatters?
A vacant, abandoned, or otherwise empty home is an easy target for squatters. To prevent a squatter situation, install security systems, locks, and maintain a lived-in presence. You may also want to consider hiring a local property management company to maintain your property.
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Disclaimer: TenantCloud does not provide legal advice. This content is for informational purposes only and should not be considered legal guidance. Users are responsible for reviewing all applicable local, state, and federal laws and consulting a qualified attorney with any legal questions.
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