Squatters’ rights and adverse possession in Illinois catch many landlords off guard. A squatter who stays rent-free for months in an empty Joliet rental, for example, can damage property, trigger costly eviction cases, and even attempt to claim the property as their own.
This guide explains squatters’ rights, eviction timelines, and proven ways to prevent unauthorized occupancy. Keep reading to learn how Illinois landlords can legally and effectively protect their properties and handle squatters.
What is a squatter?
A squatter is someone who occupies a property without permission or a valid lease agreement. They pay no rent, follow no rules, and sometimes even try to claim ownership rights. Illinois landlords must act quickly and follow the legal eviction process to regain control of their rightful properties.
Picture an empty Chicago duplex where someone breaks in, changes the locks, and starts receiving mail. This person becomes a squatter because they have no lease agreement or true ownership, but still occupy the property as if it were theirs.
Key Differences Between Squatters and Trespassers
Understanding the distinction between squatters and trespassers helps Illinois landlords act fast and avoid costly mistakes. This guide explains the key differences in more detail.
Squatters
- Occupy a property long-term without consent.
- Attempt to establish a legal claim to property ownership.
- Require a legal eviction for removal.
Trespassers
- Enter a property briefly without approval.
- Don’t seek ownership or to establish rights.
- Police can usually remove them immediately.
Squatters settle into a property and claim control, while trespassers come and go quickly. Knowing which one you’re dealing with determines whether you can call law enforcement or have to file a formal eviction suit.
What are squatters’ rights?
Squatters’ rights in Illinois allow someone who occupies property without consent to eventually claim ownership under strict conditions. Squatters’ rights exist to keep vacant land in use, but these laws often cause big headaches for landlords across the state.
In Illinois, squatters’ rights create serious risks for property owners, who could lose their properties to unauthorized occupants claiming long-term possession. Landlords must act quickly to remove squatters, as waiting too long can strengthen a squatter’s claim and make it much harder to reclaim the property.
Can a squatter actually claim legal rights to a property?
It may sound unbelievable, but squatters can claim legal rights to a property in Illinois under certain conditions. The process takes time and proof, but still happens. The good news, though, is that landlords can take steps to prevent squatters from gaining any legal ground.
Adverse Possession Laws in Illinois
Adverse possession in Illinois is the legal process by which someone occupying property without permission can acquire ownership. For a squatter to claim adverse possession in Illinois, their occupancy must be:
Actual: The squatter must physically live on and maintain the property as an owner would, such as making repairs or other material improvements.
Open and notorious: The occupation must be evident to anyone, including the owner and neighbors.
Hostile: The squatter’s occupation must occur without the owner’s permission and must go against the owner’s rights.
Exclusive: The squatter must maintain sole possession of the property and cannot share control with the owner or other squatters.
Continuous: The occupation must remain unbroken for at least 20 years under Illinois law, or 7 years if the squatter holds a color of title and pays property taxes during that time.
Supporting law: 735 ILCS 5/13-101, 735 ILCS 5/13-107
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Illinois, a squatter must live on a property continuously and exclusively for 20 years, or 7 years with a color of title and paid property taxes. Any break in occupancy restarts the clock and ends the squatter’s chance to gain ownership.
For instance, a squatter staying in a vacant Springfield home for only 5 years would fail to meet Illinois’ time requirement. So, they wouldn’t be able to claim ownership through adverse possession.
Supporting law: 735 ILCS 5/13-101, 735 ILCS 5/13-107
Does the squatter need to have a color of title to claim adverse possession?
A color of title is a document that appears to convey ownership rights. This might mean a defective deed, or an invalid property transfer—for instance, someone purchasing an abandoned home and receiving a deed from a seller who never actually owned it.
Illinois squatters don’t need a color of title to claim adverse possession, but having it shortens the required occupancy from 20 years to 7 years if the squatter also pays property taxes. Without this document, they must meet the 20-year continuous possession requirement.
Supporting law: 735 ILCS 5/13-101, 735 ILCS 5/13-107
Does the squatter have to pay property taxes for adverse possession in Illinois?
In many states, squatters must pay property taxes to claim adverse possession. Illinois is one of them. You can learn more about Illinois property tax over at TurboTenant.
In Illinois, paying property taxes can reduce the occupancy period for adverse possession from 20 years to 7 years if the squatter also holds a color of title. To avoid disputes over the ownership of their property, landlords should always stay current on property tax payments.
Supporting law: 735 ILCS 5/13-101, 735 ILCS 5/13-107
How to Legally Remove Squatters from Your Property
To remove a squatter from your Illinois property, you’ll have to file for eviction, serve proper notice, and secure a court order. Here’s what you should know:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If it is safe to do so, try talking to the squatter before you file for eviction. You can offer a cash-for-keys agreement, cover small moving costs, or allow a short move-out period. If the squatter accepts, you can save yourself time and stress.
Important: Never attempt to remove a squatter yourself. Self-help eviction is illegal in Illinois and every other state and can bring fines, criminal charges, or a tossed-out eviction case.
Step 2: Get in Touch With Local Law Enforcement
If talking fails, contact local law enforcement and ask them to visit your property. Officers may find that the person is a trespasser and immediately remove them without the need for a formal eviction. Many Illinois landlords resolve unauthorized occupant issues this way before filing in court.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If the police cannot remove the squatter, then you must treat them as a tenant under Illinois law. Serve the squatter with a 5-Day Notice to Quit for unauthorized occupancy or nonpayment.
Step 4: File an Eviction Complaint Against the Squatter
Should the squatter remain on the property after 5 days, file an Eviction Complaint (Forcible Entry and Detainer action) with your local Illinois circuit court. This step officially begins the Illinois eviction process and brings you closer to regaining control of your property.
Step 5: Present Your Case in Front of a Judge
Next, you’ll need to argue your case in front of a judge, so bring solid proof of squatting to support your ownership. Useful evidence includes:
- Utility bills or property tax statements in your name
- Photos or videos showing the squatter’s unauthorized residence on your property
- Deeds or other ownership documents
- Witness statements from neighbors, contractors, or property managers
The squatter will also present their argument and may show color of title, property tax receipts, or other proof of long-term occupancy. The judge will review all evidence before deciding who legally owns the property in question.
Step 6: Obtain a Writ for Possession, Authorizing Removal of the Squatter
If the judge agrees with you, the Illinois court issues an Order for Possession, allowing you to request a Writ for Possession from the clerk. This document authorizes the county sheriff to remove the squatter and return your property to you.
In Illinois, only the sheriff can post notice and carry out the eviction. The squatter can file an answer or appeal within the court’s set deadline, typically 30 days from the date of the decision.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With the Writ for Possession, the county sheriff can remove the squatter. If the squatter leaves any personal property behind, Chicago landlords must store valuable items for up to 7 days and notify the tenant, but no such regulations exist in the rest of Illinois.
Once you regain control, secure the property immediately. Replace your locks, secure all entry points, and post clear “No Trespassing” signs to discourage squatters.
Now that you know how to remove squatters legally, let’s look at smart ways to prevent them from occupying your property in the first place.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to keep them from occupying your property in the first place. Use these proven tips to protect your Illinois rental.
Inspect the property regularly: Visit often to look for trespassers or signs of forced entry. Regular inspections help you act fast before squatters can get comfortable.
Install security cameras: Mount visible cameras at entrances, driveways, and windows. Clear footage helps police identify intruders and deters unauthorized occupants.
Act quickly against trespassers: Call local law enforcement immediately upon noticing unauthorized occupants. Fast action is often the best defense against squatting situations.
Secure all entry points: Reinforce doors, replace weak locks, and board up unused windows. Closing every access point makes the property harder to enter.
Maintain the property: Mow the lawn, collect mail regularly, and keep the yard clean. A well-kept property signals that it’s monitored and not abandoned.
Fill vacancies quickly: Advertise vacant rentals through a property management software like TurboTenant to prevent squatters from targeting an empty home or apartment.
Screen future tenants thoroughly: Use TurboTenant’s tenant screening tools to verify a potential renter’s background, income, and rental history before you hand them the keys.
By staying proactive, you can protect your property, avoid legal trouble, and keep squatters far away from your Illinois rental.
Digital Tools to Help Landlords Thwart Squatters
With the right tools and knowledge, landlords can confidently handle squatters’ rights and adverse possession in Illinois and stop unauthorized occupants before they become a problem.
Consider using property management software to track lease agreements and keep an eye on vacant rentals. After all, having a solid record-keeping system and taking quick action can protect your property from squatters.
Create a free TurboTenant account today to simplify property management and keep your Illinois rentals secure.
FAQs: Squatters’ Rights & Adverse Possession Laws in Illinois
How long does it take a squatter to claim property rights in Illinois?
A squatter can claim ownership through adverse possession in Illinois after living on the property continuously and exclusively for 20 years, or 7 years if they hold color of title and pay property taxes during that time.
Can landlords remove squatters legally without taking legal action?
No, Illinois landlords must follow the formal eviction process to remove squatters. Only the county sheriff can legally remove a squatter after the court issues a Writ for Possession. Attempting self-help removal can result in fines or criminal penalties for landlords.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies a property without permission or a valid lease. A holdover tenant originally had a lease, but refuses to leave a property after it expires. Both squatters and holdover tenants require formal eviction, but only the tenant had prior authorization to live there.
Can a landlord turn off power or change locks to remove a squatter?
No. Illinois law strictly prohibits landlords from using self-help eviction methods such as changing locks, cutting off utilities, or removing the squatter’s belongings. Only a sheriff can carry out the eviction once a court issues a Writ for Possession.