Illinois squatters' rights: A 2025 guide

Important: The information provided in this article is not intended as legal advice. Laws change frequently and vary by jurisdiction. Always consult your attorney and management team for the latest information regarding Illinois squatters' rights and the eviction process in Illinois.
 

What are Illinois squatters’ rights?

“Squatters’ rights” refer to a legal principle that may allow someone living on an Illinois property without the owner’s permission to eventually claim ownership. This process, known as adverse possession, requires meeting strict legal criteria.

The Illinois standard for adverse possession is defined by 735 ILCS 5/13-101 and typically includes occupation that is open, notorious, actual, hostile, exclusive, and continuous for at least 20 years (or seven years under specific conditions we’ll outline later in this article).

• Open and notorious means the squatter is not hiding their presence.
   
• Actual implies they are physically present on the property.
   
• Hostile doesn’t mean aggression; it simply means they’re occupying the property without the owner’s consent.
   
• Exclusive means they are not sharing the property with the owner or other occupants.
   
• Continuous means they must remain on the property without significant gaps for the entire period of their occupancy.

Squatters’ rights vs. adverse possession

“Squatters’ rights” refer to the legal protections squatters may have, such as requiring a formal eviction process. “Adverse possession” is the legal pathway a squatter might take to claim ownership after a long period of occupation.

Because Illinois has strict requirements for adverse possession, many squatters won’t meet the criteria. However, it’s still important for property owners to act quickly when dealing with unauthorized occupants under Illinois squatters’ rights laws.
 

How long does adverse possession take?

In Illinois, squatters commonly need to occupy a property for 20 consecutive years before they can attempt to claim any legal interest under adverse possession. However, there are some circumstances where the timeline may be shorter. For example, if a squatter possesses “color of title” (an apparently valid but ultimately faulty title) and pays property taxes, the required occupation period can be reduced to seven consecutive years instead of twenty. Other exceptions stem from specific Illinois statutes and are much rarer than the standard 20-year scenario. If you believe a squatter may be attempting to claim ownership under Illinois squatters’ rights laws, it’s essential to consult your attorney and property management partner as soon as possible.
 

Trespassers vs. squatters

Trespassers enter a property unlawfully but don’t intend to stay, while squatters may try to establish residency.

While owners typically want to remove squatters quickly, it’s not always as simple as calling law enforcement for “trespassing,” since a squatter’s long-term presence might trigger additional legal proceedings. If a squatter can demonstrate that they have lived on the property for an extended period, some police departments may defer the matter to the civil eviction process rather than treating it as a simple trespassing offense. In these cases, the property owner may need to file formal eviction proceedings.
 

How to evict a squatter in Illinois

Some property owners begin by reaching out to the occupant to determine if there’s a misunderstanding or an unrecorded agreement that might clarify the occupant’s status. Any formal arrangement like paying rent might transform a squatter situation into a landlord-tenant matter.

In Illinois, property owners typically begin by serving the appropriate eviction notice, such as a 5-day notice if there is a lease or unpaid rent, or a 10-day or 30-day notice where there is no landlord-tenant relationship (consult with an attorney to determine the proper notice). If the squatter refuses to leave, the owner might file an eviction action in court. A hearing will be scheduled where both sides can present their case. If the judge rules in the owner’s favor, they will issue an official eviction order, and the sheriff’s office will carry out the removal if necessary. Property owners should not attempt “self-help” eviction, such as changing locks or forcibly removing personal belongings, to avoid potential legal repercussions against themselves.

Throughout this process, property owners should seek advice from their attorney and community association manager to minimize risks and adhere to Illinois squatters’ rights regulations.
 

Squatters’ rights in Illinois: How a property management company can help

A property management company does not replace the role of an attorney or law enforcement, but the right management partner can offer invaluable support in identifying problems early and taking proactive steps to help protect your property:

• Early detection and documentation: Through regular inspections or check-ins, community association managers can help detect unauthorized occupancy early on. Creating a systematic record (dates, notes, photos) of unauthorized residency can help build a stronger case if legal steps become necessary.
   
• Coordinating with legal counsel: Community association managers typically have relationships with a network of local attorneys experienced in Illinois eviction law and landlord-tenant disputes.
   
• Legal compliance: When serving notices or scheduling court hearings, community association managers can act as a liaison between the property owner, occupant, and any involved law enforcement or court officials. Clear lines of communication can help verify that the eviction process follows Illinois’ legal framework.
   
• Screening applicants: A comprehensive screening process can help identify qualified tenants, reducing the risk of renting to individuals who may attempt to overstay their lease or claim unlawful possession of the property.
   
• Operational efficiency: Management teams can coordinate repairs, oversee the property’s finances (including Illinois property taxes), and keep updated records of who is on the premises. This thorough approach not only helps in minimizing the likelihood of a squatter situation but also helps swiftly address issues if they do arise.

Understanding squatters' rights in Illinois can help property owners protect their investments. While adverse possession cases are rare, it’s important to act quickly and legally when unauthorized occupants take residence. Working with an experienced property management company can help prevent these issues from happening in the first place. From securing vacant properties to coordinating legal processes, we provide the support and expertise you need to keep your property safe.

Whether you own a luxury high-rise unit, a townhome in a master-planned community, or a multi-family building, FirstService Residential can help mitigate squatter risks. Contact a member of our team today to learn how we can help you maintain, protect, and enhance the value of your Illinois property.