Squatters Rights in Illinois

In this article, we will cover:

The Difference Between Trespassers and Squatters
Illinois Squatters Laws and Regulations
Comparing Squatters Rights and Adverse Possession Laws in Illinois
Landlord Obligations and Rights Regarding Squatters
Squatters’ Legal Rights and Responsibilities
The Legal Process of Evicting Squatters in Illinois
Legal Assistance for Illinois Landlords
Strategies to Prevent Future Squatter Issues
The Benefits of Property Management Software
Frequently Asked Questions about Illinois Squatters Rights

Illinois landlords must remain vigilant to prevent squatters from occupying their vacant or abandoned properties.

Removing squatters can be a complex and challenging process, and they may even attempt to claim ownership of the landlord’s property through the legal concept of adverse possession.

To safeguard their properties, Illinois landlords should familiarize themselves with the relevant landlord-tenant laws, understand the rights of squatters, and take action to prevent long-term trespassers from initiating adverse possession claims.

Let’s dive into the details.

Trespassers vs. Squatters

It’s important to recognize the key distinctions between trespassers and squatters. The main differences are:

Trespassers illegally enter an occupied property, typically for a brief period, with the goal of theft or other criminal activities. Police can usually apprehend and charge them swiftly when alerted by the property owner.
Squatters trespass into a vacant property without authorization, intending to reside there indefinitely. Once squatters have settled in, evicting them is often a much more involved process than removing burglars, potentially requiring a legal eviction proceeding.

Tip: If you spot an intruder on your property, immediately notify the authorities to intervene before the individual can entrench themselves as a squatter.

Illinois Regulations Regarding Unauthorized Occupants

In Illinois, occupying a property without the owner’s consent is considered unlawful and is classified as trespassing.

Those found to be trespassing by Illinois authorities may face the following repercussions:

Imprisonment for a period of up to 36 months
Monetary penalties reaching $2,500
Mandated community service hours

To emphasize, if an unauthorized occupant is discovered on your property, it is crucial to promptly notify law enforcement. In many cases, short-term trespassers can be swiftly removed from the premises by authorities. However, in situations involving well-established unauthorized occupants, the eviction process may be necessary, which can be more lengthy and complex.

Understanding Squatters Rights and Adverse Possession in Illinois

In Illinois, squatters can potentially gain legal ownership of a property they do not own through a process known as adverse possession. While it may seem counterintuitive, this is a real possibility that property owners need to be aware of.

Adverse possession laws differ between states, so it’s crucial for Illinois property owners to familiarize themselves with the specific requirements and regulations in their state to ensure they can properly protect their property rights against squatters.

How Adverse Possession Laws Allow Squatters to Legally Claim Property in Illinois

One of the most devastating situations a property owner can face is losing their land or building to a squatter through adverse possession. While this is certainly a troubling prospect, the reality is that squatters must adhere to a stringent set of requirements and timelines before they can successfully claim ownership. In Illinois, adverse possession cases are uncommon and can be easily avoided if property owners remain vigilant and attentive to their holdings.

As outlined by the Illinois General Assembly, for a squatter to claim property through adverse possession, they must demonstrate that their occupancy meets all of the following criteria:

Hostile: The squatter’s presence must be without the rightful owner’s permission, making their occupancy unwelcome and uninvited.
Continuous: The squatter must maintain occupancy for the duration required by adverse possession laws (detailed below). Significant interruptions in occupancy can jeopardize the squatter’s claim.
Open and Notorious: Squatters must not conceal their presence on the property, ensuring that their occupancy is evident to others.
Exclusive: To apply for adverse possession, squatters must be the only occupants of the property and must behave as if they are the rightful owners.
Property Tax Payment (in certain situations): In specific scenarios, squatters seeking to claim property after two or seven years must pay property taxes (see below for more information).

If a squatter fulfills all of the above requirements, they may be eligible to claim property rights through adverse possession in Illinois, provided they also meet one of the following time-based criteria:

The squatter must occupy the property for at least two consecutive years while possessing a record title (a title that appears on public record) obtained through a judicial foreclosure sale (735 ILCS 5/13-107.1).
The squatter must occupy the property for at least two consecutive years, possess a color of title (an invalid title that appears legitimate) obtained through a judicial foreclosure sale, and pay property taxes during this period (735 ILCS 5/13-109.1).
The squatter must occupy the property for at least seven consecutive years while possessing a record title (735 ILCS 5/13-107).
The squatter must occupy the property for at least seven consecutive years, possess a color of title, and pay property taxes during this period (735 ILCS 5/13-109).
The squatter must occupy the property for at least 20 consecutive years (735 ILCS 5/13-101).

It is important to note that the requirements for each scenario listed above are mutually exclusive, meaning that squatters only need to satisfy the conditions outlined for their specific situation to qualify for adverse possession.

Property Owner Rights & Duties When Dealing With Illegal Occupants

In the state of Illinois, real estate owners are entitled to initiate legal proceedings to remove squatters unlawfully occupying their property. As a first course of action, property owners should deliver a five-day Notice to Vacate to the squatters, with the goal of having them depart voluntarily without further issues.

Should the illegal occupants fail to leave after receiving notice, the next step for the property owner is to file a formal eviction case with the appropriate court to have these unwanted trespassers legally removed.

Property owners wishing to circumvent the legal eviction process may consider presenting the squatters with a financial incentive to vacate, known as a “cash-for-keys” arrangement. This approach could potentially resolve the matter more expediently and economically compared to pursuing action through the court system.

Squatters Rights and Responsibilities

In Illinois, squatters are not granted any unique legal rights or protections.

Nevertheless, they are entitled to protection from unlawful forced eviction by property owners. Additionally, squatters may be able to claim ownership of a property after a period of two, seven, or 20 years through the legal process of adverse possession, provided they fulfill certain legal requirements.

Under the law, squatters must leave a property when requested to do so by the rightful owner and are obligated to follow court-ordered eviction procedures. If a squatter does not adhere to these legal requirements, they may be subject to fines and penalties, although law enforcement officials are not permitted to physically remove them from the premises until an official eviction notice has been issued by the court.

Steps to Legally Evict Squatters in Illinois

Evicting squatters can be a challenging process for landlords, but following the proper legal steps is crucial. Here’s a guide on how to legally evict squatters in Illinois:

Document the situation: Collect evidence to support your case against the squatter, such as photographs, witness statements, and police reports.
Serve a Notice to Vacate: Provide the squatter with a written Notice to Vacate, giving them five days to leave the property voluntarily. If they comply, you can avoid the court process.
File an eviction lawsuit: If the squatter doesn’t leave after the five-day notice period, file a formal eviction complaint with the appropriate Illinois court to initiate the legal eviction process.
Notify the squatter: Once the court processes your complaint, a process server will deliver a court summons and a copy of the complaint to the squatter, informing them of the court date.
Present your case in court: During the court hearing, both you and the squatter will have the opportunity to present your arguments. If the judge rules in your favor, they will issue an eviction order against the squatter.
Submit the eviction order: After receiving the court’s ruling, file the eviction order with your local sheriff’s office. They will then schedule a specific date for the eviction to take place.
Remove the squatter: On the designated eviction date, law enforcement officers will carry out the eviction order by removing the squatter and their belongings from your property.

Legal Note: In Illinois, landlords are prohibited from engaging in self-help evictions, such as physically removing squatters, changing locks, or disconnecting utilities. Always follow the proper legal procedures to avoid potential legal consequences.

Legal Resources for Landlords in Illinois Dealing with Squatters

Landlords in Illinois who are facing issues with squatters on their property can seek legal assistance through the following organizations and resources:

Illinois Legal Aid Online (ILAO): Offers informational guides, legal forms, checklists, and other helpful resources specifically for landlords dealing with problematic tenants and squatters
Eviction Help Illinois: Provides access to low-cost and free legal aid as well as mediation services for landlords who need to evict squatters or other unauthorized occupants
Illinois State Bar Association (ISBA): Maintains a lawyer referral service to help connect landlords with attorneys who have experience in landlord-tenant law and squatter situations

Safeguarding Vacant Properties from Unauthorized Occupants

Property owners with unoccupied real estate must take proactive measures to deter potential squatters from illegally inhabiting their premises. Consider implementing the following strategies:

Conduct regular inspections: Frequently visit your vacant property to establish a visible presence and discourage squatters from attempting to move in.
Fortify entry points: Squatters often gain access by forcing open doors or breaking windows. Install robust locks and consider reinforcing vulnerable areas with security bars.
Maintain the property’s appearance: Regularly mow the lawn, collect mail, clear snow, and attend to other routine maintenance tasks to create the impression that the property is actively inhabited.
Implement security technology: Install surveillance cameras near primary entry points and invest in an alarm system that promptly alerts you to any unauthorized intrusions.
Foster neighborhood cooperation: Enlist the help of trusted neighbors to monitor your property and promptly report any suspicious activities to you.

What’s the minimum duration for adverse possession rights in Illinois?

If an adverse possessor has a record title (a title appearing in the public record) obtained through a foreclosure sale and has continuously occupied the property for a period of two years, they may file an adverse possession claim.

Additionally, if an adverse possessor holds a color of title (a title that seems legitimate but is not) acquired from a foreclosure sale and has continuously occupied the property while paying property taxes for two years, they are also eligible to file a claim.

For all other situations, adverse possessors in Illinois can claim ownership of a property after seven or 20 years of continuous possession.

Is it legal to discontinue utility services for a squatter in the state of Illinois?

In Illinois, it is prohibited to shut off utilities or use other coercive measures to force a squatter to vacate the property. Such actions are considered “self-help evictions” and are unlawful in the state. Property owners who engage in self-help evictions may face legal consequences initiated by the squatters.

Is it possible for a landlord to remove a tenant in Illinois without filing a legal eviction case?

In the state of Illinois, landlords are required to go through the court system and formally file an eviction lawsuit in order to legally remove a tenant from a rental property. Evicting a renter without taking this step is not permitted.

Is it possible to be evicted in Illinois during the winter months?

In most parts of Illinois, there are no specific laws that prevent landlords from evicting tenants during the winter season. Landlords can proceed with evictions at any time of the year, provided they adhere to the proper eviction procedures.

However, Cook County, the most populous county in Illinois, has implemented a winter eviction moratorium from December 18th to January 2nd annually. Additionally, tenants in Cook County are protected from eviction when the temperature drops to 15 degrees Fahrenheit or below, or if severe weather conditions pose a risk to their health and well-being.