Squatters Rights in Illinois & Adverse Possession Laws (2024)

If Illinois landlords aren’t careful, they might find squatters hunkering down inside their unoccupied or abandoned properties.

Not to mention, squatters can be incredibly challenging to remove. They might even try to meet legal requirements to claim a landlord’s property through a complex process called adverse possession.

To protect themselves, Illinois property owners should brush up on landlord-tenant laws, understand squatters rights, and halt any unwanted long-term trespassers from attempting to claim their property through adverse possession.

Let’s get started.

Trespassers vs. Squatters

There are a few crucial differences between trespassers and squatters that you should understand. Here they are:

• Trespassers enter someone’s property without permission, usually for a short time, with no intent of staying. Law enforcement can often cite and remove them upon a landlord’s request.
• Squatters enter someone’s unoccupied property without permission with the intent of living there long-term. Established squatters are usually much more difficult to expel than trespassers and might require a formal eviction to be removed.

Note: If you notice a trespasser on your property, contact law enforcement to have them removed before they can establish themselves as a squatter.

Illinois Laws on Squatters

Squatting, a form of trespassing, is illegal in Illinois.

Trespassers caught by Illinois law enforcement could face the following consequences:

• Up to three years in jail
• Up to $2,500 in fines
• Potential community service

Let us reiterate: If you spot a trespasser on your property, alert law enforcement immediately. Short-term trespassers can often be escorted off your property quickly, whereas established squatters may require removal through the more time-intensive eviction process.

Squatters Rights vs. Adverse Possession Laws in Illinois

As absurd as it may sound, squatters in Illinois can legally claim someone else’s property through a complex legal process called adverse possession.

The requirements for adverse possession vary from state to state, so Illinois landlords must learn their state’s specific rules and regulations to protect their property rights.

How Squatters Can Legally Claim Illinois Property Through Adverse Possession

Losing property to a squatter through adverse possession is one of a landlord’s absolute worst-case scenarios. That’s the bad news.

The good news is that squatters must fulfill a rigid set of prerequisites and time requirements before they can claim a property. Adverse possession cases in Illinois are rare and easy to prevent as long as landlords keep close tabs on their properties.

According to the Illinois General Assembly, a squatter can only claim property through adverse possession if they demonstrate all the following occupancy requirements:

• Hostile: Squatters must not have permission from the rightful owner to stay on the property; they must be uninvited and unwelcome.
• Continuous: The occupation must last a set time required for adverse possession (see details below). Significant gaps in occupation will damage the squatter’s claim.
• Open and Notorious: Squatters must keep their occupation out in the open. Secretly squatting at a property does not qualify.
• Exclusive: Squatters applying for adverse possession must be the sole parties occupying a property and must act as if they are the rightful owners.
• Property Tax Payment (in some situations): If squatters want to claim property after two or seven years, they must pay property taxes in specific scenarios (see below).

If all of the above conditions are met, Illinois squatters will be eligible to claim property rights through adverse possession if they also fulfill one of the following time requirements:

• The squatter must occupy the property and possess a record title (a title shown on the public record) derived from a judicial foreclosure sale for at least two consecutive years (735 ILCS 5/13-107.1).
• The squatter must occupy the property, possess a color of title (an invalid title that appears genuine) derived from a judicial foreclosure sale, and pay property taxes for at least two consecutive years (735 ILCS 5/13-109.1).
• The squatter must occupy the property and possess a record title for at least seven consecutive years (735 ILCS 5/13-107).
• The squatter must occupy the property, possess a color of title, and pay property taxes for at least seven consecutive years (735 ILCS 5/13-109).
• The squatter must occupy the property for at least 20 consecutive years (735 ILCS 5/13-101).

Note: Requirements for each situation listed above are mutually exclusive, meaning squatters only need to meet the conditions listed for their specific scenario to qualify.

Landlord Rights & Responsibilities in Regards to Squatters

Illinois property owners have the right to file eviction lawsuits against squatters who trespass on their properties. Landlords should first issue squatters a five-day Notice to Vacate in hopes that they will leave without protest.

If squatters refuse to vacate, landlords must file an eviction lawsuit with the courts as a next step towards removing these unwelcome trespassers.

Alternatively, landlords who want to avoid filing an eviction lawsuit could attempt to offer squatters a sum of money to vacate in a “cash-for-keys” settlement, which could be faster and more affordable than going to court.

Squatters Rights and Responsibilities

Squatters don’t possess any special rights in Illinois. 

However, they do have the right not to be forcibly removed by a landlord from a property they inhabit. They can also claim property rights after two, seven, or 20 years through adverse possession if they meet specific conditions.

Squatters are legally required to vacate a landlord’s property upon request and must abide by eviction procedures as mandated by the court. Failure to comply means a squatter could be ticketed (though law enforcement cannot physically remove them until they’re issued an eviction notice).

How to Legally Evict Squatters in Illinois

No landlord wants to go through the eviction process, but doing so might be their only way to remove squatters legally. Here are the typical eviction steps in Illinois:

• Gather as much evidence as possible: Building a case against your squatter is essential, and doing so could help you win your case if you go to court.
• Issue a Notice to Vacate: Give your squatter a Notice to Vacate, requesting they leave your property within five days. If they decide to vacate, you’ll avoid court.
• File an eviction complaint: If your squatter doesn’t leave after five days, you must file a formal eviction complaint with the Illinois courts to start the legal process.
• Serve the squatter: Once the complaint is processed, a process server will deliver a court summons (with a court date) and a copy of the complaint to the squatter.
• Attend a court hearing: You and the squatter will have the chance to present your cases to a judge. If the judge rules in your favor, they will issue the squatter an eviction order.
• File the eviction order: After the ruling, you’ll need to file the eviction order with your local sheriff’s office. From here, they’ll set a formal date for eviction.
• Evict the squatter: Law enforcement will enforce the eviction order by removing the squatter and their belongings from your property on the eviction date.

Legal Note: In Illinois, self-help evictions (attempting to physically remove squatters, changing locks, or turning off utilities) are illegal. Do not attempt them.

Legal Help for Landlords in Illinois

Illinois landlords dealing with squatters who need legal help should consider using the following resources:

• Illinois Legal Aid Online (ILAO): Provides guides, forms, checklists, and other legal information for landlords dealing with tenant issues
• Eviction Help Illinois: Offers affordable and pro bono legal aid and mediation services for landlords facing the eviction process with their tenants
• Illinois State Bar Association (ISBA): Lawyer referral service that connects citizens with attorneys specializing in landlord-tenant law

Preventing Future Squatter Situations

Landlords worried about squatters must proactively keep these unwanted trespassers off their unoccupied properties. Here are a few tips that might help:

• Check-in on your property frequently: Visit your property as often as possible to establish a presence and give potential squatters pause.

• Make your property challenging to enter: Squatters often kick down doors or break windows to gain entry. Reinforce your property with heavy-duty locks and bars.

• Keep up with maintenance: Mow the lawn, collect the mail, shovel the walk, and complete other essential tasks to give your property a ‘lived-in’ appearance.

• Install security systems: Place security cameras near your property’s entry points and invest in an alarm system that will alert you to any potential break-ins.

• Enlist your neighbors to watch your property: Ask trusted neighbors to keep an eye out and contact you if they notice any unusual activity.

How Property Management Software Can Help

While the above tips are great at deterring squatters, our free property management software can further help by filling your rentals and minimizing vacancies. Here’s how:

• Advertise your rentals to find tenants quickly and keep properties occupied
• Collect rental applications digitally and skip the paper
• Screen applicants to ensure you pick upstanding renters who will respect their leases
• Create Illinois-specific leases that protect your rental and deter lease-breaking

Sign up for TurboTenant today. It’s free and can help keep your properties occupied with trusted tenants (not squatters).

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Illinois Squatters Rights FAQs