Under Illinois law, squatters have no automatic right to stay on your property, and you can remove them either by calling the police to enforce criminal trespass laws or by filing an eviction case under the Forcible Entry and Detainer Act. If a squatter occupies the property long enough without being challenged, they can try to claim ownership through adverse possession, but that requires seven to twenty years of uninterrupted occupation depending on the circumstances. Effective January 1, 2026, Public Act 104-0029 confirms that police can arrest and remove trespassers without a court eviction order first.1Illinois General Assembly. Public Act 104-0029
What Squatters Can and Cannot Claim
A squatter in Illinois is someone occupying property without permission. They have no lease, no purchase contract, and no invitation from the owner. That means they have no possessory right the owner is required to respect, and no notice period built into a contract.
What squatters do have is procedural protection. Illinois bars owners from using self-help to force anyone out of a dwelling, and that protection reaches occupants who never had permission to enter. You cannot change the locks, cut utilities, remove doors or windows, or drag belongings to the curb. The Forcible Entry and Detainer Act establishes the court process as the lawful method for regaining possession when police enforcement of criminal trespass does not resolve the situation. Only a sheriff can physically remove someone after a judge signs an order.
The one right a squatter can build over time is ownership itself, through adverse possession. That path is narrow, and Illinois courts require clear and unequivocal proof of every element. Most squatter situations end long before adverse possession is even arguable.
When Police Can Remove a Squatter
A person commits criminal trespass to real property in Illinois by knowingly entering or remaining in a building without lawful authority, entering land after receiving notice that entry is forbidden, or remaining after being told to leave. Presenting fake documents or lying about identity to gain entry falls under the same statute.2Illinois General Assembly. 720 ILCS 5/21-3 – Criminal Trespass to Real Property Most violations are a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,500.
For years, the practical obstacle was that police sometimes declined to remove squatters, treating the situation as a civil matter for the courts. Public Act 104-0029, effective January 1, 2026, amends the Eviction Act to state that nothing in the eviction statutes prevents law enforcement from enforcing criminal trespass laws or removing people and their property from the premises when a criminal trespass has occurred.1Illinois General Assembly. Public Act 104-0029
In practical terms, if someone broke into your vacant property and has no lease or permission, you can call the police and ask them to remove the trespasser on the spot. You do not need to file an eviction case first. Clear no-trespassing signs help, because they satisfy the notice element the statute requires.
The new law does not eliminate eviction. If the occupant produces something that looks like a lease, claims a prior tenant let them in, or points to any colorable right to be there, officers will usually step back and tell you to go through court. Fabricated leases are common enough that this happens even when the paperwork is obviously fake.
The Eviction Process for Squatters
When police involvement does not resolve the situation, you file under the Forcible Entry and Detainer Act. The statute covers several scenarios relevant to squatters: forcible entry, entry onto vacant property without right or title, and peaceful entry followed by refusal to leave.3Justia Law. Illinois Code 735 ILCS 5 – Article IX Eviction
Written Demand for Possession
Before filing, deliver a written demand telling the occupant to leave. Illinois allows four methods of service: handing it directly to the occupant, leaving it with someone at least 13 years old who lives on or occupies the premises, sending it by certified or registered mail with return receipt, or posting it on the property if nobody is present.4Illinois General Assembly. 735 ILCS 5/9-211 – Service of Demand or Notice For unauthorized occupants who never had a lease, there is no lease-based waiting period, though many owners give five days to build a clean record for the judge.
Filing the Complaint
After the notice period passes, file with the Clerk of the Circuit Court in the county where the property sits. The complaint needs the property’s legal description from the deed or tax records, the names of all occupants (or “unknown occupants” if identities are not known), and a statement that the occupant is unlawfully withholding possession. Do not name anyone under 18. If you name a minor, the case is dismissed and you may owe the minor attorney’s fees plus $1,000 in liquidated damages.5Justia Law. Illinois Code 735 ILCS 5 – Article IX Eviction – Section 9-106
Filing fees vary widely. A possession-only filing runs roughly $89 in smaller counties and up to around $287 in Cook County. Adding a claim for rent or damages can push the total to $306 or more.
Serving the Summons
The court issues a summons that must be delivered to the occupant. You cannot serve it yourself. Use the county sheriff, a licensed private process server, or an unlicensed server over 18 who is not involved in the case (this last option requires the judge’s permission). If the occupant cannot be located for personal service, the law allows constructive service by posting notices in three public places near the courthouse and mailing a copy to the last known address.6Illinois General Assembly. 735 ILCS 5/9-107 – Constructive Service Sheriff service fees typically run about $60 to $115.
Hearing and Order of Possession
At the hearing, the judge reviews your evidence of ownership and the nature of the occupancy. A ruling in your favor produces an eviction order setting a specific date and time by which the occupant must leave.7Illinois Courts. Eviction Order The occupant has 30 days to appeal.
Sheriff Enforcement and the 120-Day Deadline
If the occupant does not leave voluntarily, bring the signed order to the sheriff’s office. Only the sheriff can carry out the physical removal. Watch the calendar: the eviction order expires 120 days after entry. If the sheriff has not executed it by then, you have to go back to court and ask the judge to extend it.8Illinois General Assembly. 735 ILCS 5/9-117 – Enforcement of Order of Possession In Cook County and other high-volume jurisdictions, delays are common enough that orders can expire before execution. Sheriff standby fees for the eviction itself typically run about $75 to $150.
Adverse Possession: When a Squatter Can Claim Ownership
Adverse possession is the doctrine that lets a long-term occupant claim legal ownership of property they have used as their own. Successful claims are rare, but owners of vacant land or buildings they do not inspect regularly should understand what a squatter would have to prove.
The Five Required Elements
The occupant must prove all five of the following by clear and convincing evidence:
- Hostile possession. Use without the owner’s permission. “Hostile” does not mean aggressive; it means the occupant’s use conflicts with the owner’s rights. Permission defeats the element.9Legal Information Institute. Adverse Possession
- Actual possession. Physical use of the property the way an owner would use it, such as living there, maintaining the grounds, or making improvements.
- Open and notorious. Visible presence that a reasonably attentive owner would notice. Hidden occupation does not count.
- Exclusive possession. Control by the occupant alone, not shared with the owner or the public.
- Continuous possession. Uninterrupted occupation for the full statutory period.
Failing any one element defeats the claim, and the burden rests entirely on the person asserting it.10Illinois Courts. 2011 IL App (3d) 110019-U – Thompson v Moore
The 20-Year Default
Under the general rule, all five elements must hold for 20 continuous years. The statute frames it as a limit on the owner’s ability to recover: if the owner does not bring an action or reenter within 20 years of the adverse possession starting, they lose the right to do so.11Illinois General Assembly. 735 ILCS 5/13-101 – Twenty Years Recovery of Land
The 7-Year Route With Color of Title
Illinois shortens the period to seven years when the occupant holds color of title and pays all property taxes on the land for those seven consecutive years. Color of title means a document that appears to transfer ownership but is legally defective, such as a deed with an incorrect legal description, a conveyance from someone who did not actually own the property, or a contract that fails on a technicality. The document must have been acquired in good faith.12Illinois General Assembly. 735 ILCS 5/13-109 – Payment of Taxes With Color of Title
The tax rule is strict. Every assessment for seven straight years must be paid. Missing a year disqualifies the seven-year path and pushes the claim back to the 20-year standard.
Extensions for Owners With Disabilities
The clock runs differently for owners who were minors, legally disabled, imprisoned, or serving the United States abroad when the adverse possession began. Those owners get an additional two years after the disability is removed to bring an action, even if the normal limitation period has passed.13Illinois General Assembly. 735 ILCS 5/13-112 – Minors and Persons Under Legal Disability
Keeping Squatters Off Your Property
The most reliable defense is preventing occupation in the first place. Inspect vacant properties regularly, secure every entry point, and keep up with landscaping and exterior maintenance so the property does not look abandoned. Have someone check on it weekly and clear the mail if it will be empty for long. Post clear no-trespassing signs; they double as the notice element criminal trespass enforcement needs.2Illinois General Assembly. 720 ILCS 5/21-3 – Criminal Trespass to Real Property Pay your property taxes on time every year. If a squatter with color of title starts paying your taxes while you are not looking, you are handing them the seven-year path.