Understanding squatters rights in Illinois is critical for landlords, real estate investors, and property managers. Squatters are individuals who occupy a property without lawful permission—and under certain legal conditions, they can eventually claim ownership of that property. This process, called adverse possession, is rare but legally recognized under Illinois law.
This guide explains how squatters rights work in Illinois, what landlords can do to prevent claims, and how adverse possession laws may impact your rental property. We’ll also cover tenant laws, eviction procedures, and the most effective ways to secure your investment.
Curious how Illinois compares to other states for potential property owners? Check out our guide to the most landlord-friendly states.
If you rent out homes in Chicago, Rockford, Peoria, or anywhere in the state, make sure you’re protected with landlord insurance in Illinois.
What Are Squatters Rights?
Squatters rights refer to legal protections that allow an unauthorized occupant to eventually gain legal ownership of a property. These rights are tied to the legal doctrine of adverse possession. To be clear: Illinois does not grant automatic rights to squatters. But someone who stays on a property long enough, under certain conditions, may be able to claim ownership.
Some states offer a “squatters rights 30 days” window—but Illinois does not. In Illinois, a squatter must occupy the property for 20 continuous years to qualify for adverse possession unless they meet special criteria that shorten that timeline to 7 years.
How Do Squatters Rights Work In Illinois?
To claim adverse possession in Illinois, the squatter must:
- Physically occupy the property (actual possession)
- Do so without the owner’s permission (hostile possession)
- Occupy the property exclusively, without sharing it with others
- Remain in place for a continuous period of 20 years
- Make their presence obvious (open and notorious)
If these conditions are met, the squatter may be able to file a claim in court to become the legal owner.
What Is Color Of Title?
In some cases, squatters may have a document like a deed that appears to give them ownership. This is called color of title, and it can strengthen an adverse possession claim. In Illinois, if a squatter has color of title and pays property taxes, the occupation period needed to make a claim is reduced to 7 years.
Why Do Squatters Have Rights?
The idea of squatters gaining legal ownership may sound outrageous, so it’s fair to ask: why do squatters have rights in the first place?
Squatters rights exist to promote productive use of land. If a property has been abandoned for decades and someone occupies and maintains it publicly, courts may award ownership to avoid long-term waste and neglect. In effect, the law encourages property to be used, not ignored.
However, Illinois law sets a high bar for adverse possession, which helps protect landlords and investors from frivolous claims.
Illinois Adverse Possession Laws: Key Facts
Here are the legal basics on squatters rights Illinois landlords should know:
- Standard occupation period: 20 years
- Reduced period: 7 years (only with color of title + tax payments)
- No requirement: Illinois does not require squatters to pay property taxes for 20-year claims
- Key doctrine: Adverse possession
A squatter cannot simply move in and expect ownership. The process involves strict legal criteria, potential litigation, and a court ruling.
How Property Owners Can Remove Squatters
If you discover someone living on your property without permission, act quickly and legally. Here’s what to do:
1. Confirm They Are Not Tenants
Make sure the person is not a holdover tenant or someone with prior lease agreements. If you previously accepted rent, they may have tenant rights.
2. Serve an Eviction Notice
If no lease exists, serve the squatter with a formal notice to vacate. Illinois law requires you to give proper notice before filing for eviction.
3. File an Eviction Lawsuit
If the squatter refuses to leave, file a forcible entry and detainer action in your local court. If you win, the judge will issue an order for removal.
4. Enforce the Eviction
Only a sheriff or law enforcement can legally remove a squatter. Do not attempt to evict them yourself by changing locks or cutting utilities.
For more detail, see our guide to the eviction process.
What Rights Do Holdover Tenants Have?
A holdover tenant is someone who stays after their lease has expired. If you continue accepting rent, you may unintentionally create a new lease. If not, you can begin eviction proceedings.
These situations are different from true squatting but must be handled carefully. Any tenant, even if in violation, is entitled to due process in Illinois.
Adverse Possession vs. Trespassing
Trespassers can be removed by law enforcement without a court order if they are not claiming residence. Squatters, especially those who have lived on a property for months or years, may be protected under civil law and require eviction.
If the individual can prove open, continuous residence, even without permission, law enforcement may defer to the courts.
What Are The Risks For Illinois Landlords?
- Lost time and money pursuing court action
- Property damage during unauthorized occupancy
- Delayed leasing or sale due to title disputes
- Legal fees for quiet title or eviction proceedings
This is why proactive property management is crucial—along with liability coverage and comprehensive landlord insurance.
How To Prevent Squatters In Illinois
- Inspect vacant properties regularly
- Install alarm systems or cameras
- Secure all doors, windows, and entrances
- Post no trespassing signs
- Screen tenants carefully
- Avoid verbal lease agreements
- Work with neighbors to report suspicious activity
Need help securing your property? Consider getting equipment breakdown coverage or short term Airbnb insurance if you use platforms like VRBO or Airbnb.
Do Squatters Have To Pay Property Taxes In Illinois?
A common question is whether squatters need to pay property taxes to file a claim. The answer depends:
- 20-year claims: No tax payment required
- 7-year claims: Taxes must be paid and color of title is required
This distinction matters. While taxes are not always required, paying them can dramatically strengthen a squatter’s case.
How Do You Stop Adverse Possession?
Property owners can:
- File a quiet title action to assert ownership
- Issue cease-and-desist letters or formal trespass warnings
- Serve an eviction notice if the squatter is acting as a tenant
- Record all incidents and communications
- Keep utilities in your name and monitor usage
Even if you believe the squatter has no valid claim, do not ignore the situation. Delay can increase their legal standing.
Illinois Tenant Rights & Lease Agreements
Tenants in Illinois are protected under several state laws, including:
- Right to a habitable dwelling
- Right to timely rent notices
- Protection from illegal eviction
Landlords must provide written notice for lease violations and may not evict tenants without a court order.
A proper lease agreement should include:
- Lease term and rent amount
- Deposit terms
- Maintenance responsibilities
- Guest policies and pet rules
For more, see what landlords must include in a legal security deposit agreement.
Frequently Asked Questions
How long does a squatter have to live on a property to claim rights in Illinois?
20 years under standard adverse possession, or 7 years with color of title and tax payments.
Do squatters gain rights after 30 days in Illinois?
No. There is no “squatters rights 30 days” rule in Illinois. Claims require long-term occupation.
Can police remove a squatter in Illinois?
Only if the person is trespassing and not claiming residency. Otherwise, a court-ordered eviction is required.
Can a landlord turn off utilities to remove a squatter?
No. This is considered a “self-help” eviction and is illegal under Illinois law.
What are the risks of doing nothing?
If you delay action, a squatter’s claim could become stronger. Always act quickly.
Final Thoughts: Protecting Your Property
While squatters rights in Illinois are more limited than in other states, they still present a risk for landlords. Understanding how do squatters rights work, why do squatters rights exist, and the steps for removal can protect your investment.
Don’t wait until it becomes a legal battle. Regular inspections, professional property management, and landlord insurance can help you avoid the headache.
Need coverage for your Illinois rental property? Get a quote from Steadily in minutes.
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