Squatter’s rights in Illinois can be a tricky thing to understand, but if you pay attention to any form of media, you’ve probably seen horror stories of squatters taking over properties and somehow being able to stay. One thing is certain, Illinois traditionally leans left on the political spectrum, and thus, squatter’s rights are more poignant than in other more conservative-leaning states, like Texas and Montana. That doesn’t mean landlords don’t have rights as well, and below we break down how squatters’ rights work in Illinois, and what to do if you find yourself with squatters in your home and nowhere to turn.
Have a situation with squatters or a tenancy dispute?
What are squatters’ rights?
Squatter’s rights refer to legal allowances that may eventually give someone rights to property they’ve occupied without the owner’s permission. A squatter is a person who lives in or uses land or a structure without legal title, lease, or formal agreement. They’re not renters, and they haven’t purchased the property. Yet in the eyes of the law, under certain conditions, their ongoing, unchallenged presence might evolve into a valid legal claim.
This claim stems from the doctrine of adverse possession, a centuries-old principle originally designed to prevent land from sitting unused. It rewards continuous, visible occupancy by someone who treats the land as their own and acts as a de facto owner. In Illinois, adverse possession is the route by which squatters might, under very narrow conditions, legally acquire title to real estate.
But this isn’t easy or automatic, as the majority of squatter situations end with removal, not ownership. That being said, failure to act can cost you much more than you would have ever imagined to begin with. Below is a breakdown of counties in Illinois, how many people are evicted per year, and how many of those court cases end up in a negative judgment, which is where the tenant is not forcibly removed from the property.
| County | Eviction Filings | Eviction Orders | % Without Negative Judgment |
|---|---|---|---|
| Cook | 30,610 | 10,903 | 64% |
| DuPage | 3,040 | 1,509 | 50% |
| Champaign | 1,034 | 588 | 43% |
| Jackson | 395 | 146 | 63% |
| DeKalb | 326 | 229 | 30% |
| Coles | 184 | 81 | 56% |
| Jefferson | 69 | 57 | 17% |
| Adams | 117 | 62 | 47% |
| Boone | 83 | 49 | 41% |
| Bureau | 51 | 35 | 31% |
Adverse possession in Illinois: The legal requirements
Illinois law sets a high bar for adverse possession. For a squatter to claim legal title, they must prove the following five conditions and maintain them consistently for 20 years:
| Requirement | Description |
|---|---|
| Exclusive Possession | The squatter must be the only person occupying the property, not sharing with others (including the rightful owner). |
| Open and Notorious Use | Their occupancy must be obvious and visible to anyone, including the legal owner. Secret use does not qualify. |
| Continuous Use | The squatter must occupy the land continuously and without significant interruption for at least 20 years. |
| Hostile Claim | The occupation must be without the owner’s consent. “Hostile” doesn’t mean aggressive; it simply means adverse to the owner’s rights. |
| Actual Possession | The squatter must physically use the property, such as by living on it, maintaining it, or making improvements. |
If any of these elements are missing or broken, even briefly, the squatter cannot succeed in claiming adverse possession. It’s a high burden that demands strong, documented evidence.
How to legally remove a squatter in Illinois
If you find yourself in a situation where squatters are present on your property, the No. 1 Advice is to be cautious. Property owners in Illinois must proceed carefully when dealing with squatters. While it can be frustrating to find someone living on your property without permission, you cannot take matters into your own hands. This means Dog the Bounty Hunter cannot be called to come and remove squatters with cameras in tow. Illinois law prohibits self-help evictions, meaning you cannot forcibly remove a squatter, shut off utilities, change locks, or remove their possessions without going through the proper legal channels. Doing so could open you up to civil liability, even if the individual is unlawfully occupying your property.
Instead, Illinois requires property owners to follow a civil eviction process known as a Forcible Entry and Detainer Action. This process ensures that all parties, owners and squatters alike, receive a fair hearing under the law. Here’s how it works in practice:
Step-by-step removal process
1. Serve a Notice to Vacate
Start by issuing a formal notice demanding that the squatter leave. A 5-day notice is typical when there’s no lease, but some counties may require 10 or 30 days depending on the situation. Serve the notice properly by hand, certified mail, or posting it on the property and retain proof of service (like a photo or receipt), which you may need in court.
2. File an Eviction Lawsuit (Forcible Entry and Detainer Action)
If the squatter doesn’t comply, file a lawsuit in the circuit court where the property is located. This action seeks legal possession and removal. You must file a complaint, pay the fee, and have the squatter formally served, typically by the sheriff or a process server. Incorrect service can delay or derail your case.
3. Attend the Court Hearing
Both sides will present their case in front of a judge. You’ll need to prove your ownership, the squatter’s lack of legal right, and that all procedures were followed. The squatter might argue they had permission or long-term occupancy, so bring documentation (e.g., notices, photos, utility records). If successful, the court will issue an Order of Possession.
4. Sheriff’s Enforcement
Only the sheriff, not the owner, can enforce the court order. They’ll post a final notice and return to remove the squatter if necessary. You may not change locks, cut utilities, or remove belongings beforehand, as doing so risks legal penalties.
Why due process matters
While this process may feel burdensome, Illinois law requires it to protect public safety and legal rights. Skipping steps or taking matters into your own hands can lead to:
- Civil lawsuits for wrongful eviction
- Criminal charges for unlawful entry or harassment
- Delays if your case is dismissed due to improper procedure
Update: New 2025 squatter bill aims to speed up the removal process
There is a new bill (Senate Bill 1563) that’s been approved by the Illinois senate intended to speed up the process of the removal of squatters. The bill has not yet received the governor’s signature, but most experts expect the bill to become law in the very near future. The new “Sqatter Bill” as it is deemed by the press does several things to help speed up the previously lenghty process of trying to remove squatters from a property.
- Squatters will be treated as trespassers instead of their previous classifications as “tenants.”
- Law enforcement has permission to remove squatters immediately as long as the property owner can document proof of ownership
- Presentation of fraudulent or fake documents to prove ownership of a property will be prosecuted more thoroughly
This is the type of news that’s very satisfactory to hear for landlords who previously had to deal with a much more difficult removal process, which in turn, incentivizes squatters.
Can a squatter ever gain legal ownership?
Yes, a squatter can indeed gain legal ownership. However, it’s extremely rare, and only under very specific circumstances that meet all of Illinois’s adverse possession requirements. This legal concept allows someone who has occupied land for a long period of time, without the permission of the owner, to potentially gain legal title to that property. But it’s not automatic. The squatter must affirmatively prove every element of adverse possession and follow a formal legal process.
| Requirement | Explanation |
|---|---|
| Exclusive Possession | The squatter must have been the only person occupying the property, without sharing with the legal owner or others. |
| Open and Notorious Use | The squatter’s presence must have been obvious to anyone, including the legal owner, and not hidden or secretive. |
| Continuous Occupation | The squatter must have lived on or used the property for at least 20 uninterrupted years. |
| Hostile Possession | There must have been no permission from the legal owner at any time during the occupation. |
| Actual Use | The squatter must have used or improved the property as if they were the rightful owner—such as living there, repairing structures, or maintaining the grounds. |
Even if these criteria are met, the squatter must still take affirmative legal action by filing a quiet title lawsuit in Illinois civil court. A quiet title action is a lawsuit intended to resolve disputes about property ownership. It requests a judge to declare the squatter the legal titleholder and to remove any cloud on the title, such as the name of the original owner.
This is not a quick or easy process. Courts will demand compelling evidence, and the burden of proof lies entirely on the squatter.
Example scenario: When adverse possession might succeed
Let’s say someone named Joe moves into a long-abandoned farmhouse in rural Illinois in 1998. The original owner died in the 1980s, and their heirs never claimed the property or paid taxes. Over the years, Joe has installed a new roof, maintained the grounds, paid utility bills, and even started farming a portion of the land. The neighbors see Joe as the property’s only resident and owner. No one disputes Joe’s occupancy for 25 years.
In 2023, Joe files a quiet title action. He submits 25 years of utility records, property tax payments, testimony from neighbors, and before-and-after photos showing repairs. If no legal heir or other party challenges his claim, the court may rule in his favor, granting him legal ownership via adverse possession.
Example scenario: When adverse possession would fail
Imagine a different situation. Mary camps on a vacant lot for a few years while the owner lives out of state. She keeps a low profile, doesn’t pay taxes, and leaves for several months each winter. When the owner returns and files for eviction in year six, Mary tries to claim adverse possession. But because her use wasn’t continuous, wasn’t open and notorious, and didn’t meet the 20-year threshold, the court dismisses her claim—and she’s ordered to vacate.
How to protect your property from adverse possession claims
The best way to defeat an adverse possession claim is to prevent it from starting. In Illinois, once a squatter meets the legal threshold, reversing their claim becomes much harder and costlier. If you own vacant, seasonal, or out-of-state property, take these steps to safeguard your rights:
1. Inspect regularly
Visit the property or hire a local manager to check in. Keep dated photos and logs to show ongoing oversight and prevent claims of abandonment.
2. Secure the property
Lock doors and fences, fix broken entry points, and post “No Trespassing” signs clearly. These actions help disprove “hostile” or “open and notorious” use in court.
3. Monitor utilities
Watch for unexpected spikes in water, gas, or electric use. Smart meters and security systems can alert you to unauthorized activity and create a record for legal defense.
4. Document everything
Log inspections, complaints, and correspondence. Your paper trail shows active ownership and can be critical if you need to go to court.
5. File an Affidavit of Interruption
This Illinois legal document resets a squatter’s timeline by formally asserting your ownership in public records. File it with the Recorder of Deeds as a proactive shield.
6. Consult an attorney
Even if there’s no immediate issue, a real estate lawyer can review your title and boundaries to help prevent future disputes or encroachments.
When to contact a lawyer
If you suspect someone is occupying your property without permission, don’t wait. The longer a squatter remains, the harder it becomes to remove them, both legally and financially. Signs like unfamiliar vehicles, new locks, or neighbors reporting activity should prompt immediate legal action. Even if you’ve already served notice and they haven’t left, it’s time to escalate.
At Lowry & Ivory, we help property owners act fast and decisively. Our team drafts enforceable notices, files eviction cases, and records legal documents like Affidavits of Interruption to stop adverse possession claims before they start.
FAQ
Can a tenant become a squatter in Illinois?
Yes, a former tenant can become a squatter if they remain in the property after the lease ends and the landlord does not take legal action. Over time, if the landlord fails to act, their continued presence could evolve into a claim of adverse possession. However, the tenant must still meet Illinois’s strict 20-year requirement, and lack of permission must be clearly established.