House & Apartment

Trespassers and squatters are people:

• On someone else’s property,
• Without permission from the property owner or another person with the legal right to control access.

Illinois has a criminal trespass law. Law enforcement officers can remove people who violate the criminal trespass law.

People who have moved into someone else's property and are living there without permission are called squatters. If law enforcement officers decline to remove a person under the criminal trespass law, the property owner may need to use the eviction A court case brought by a landlord to get a tenant to move out process:

• Serve Giving court documents to someone a Demand for Immediate Possession or a Notice of Non-Renewal of Lease or Termination of Tenancy (learn more in Ending a lease),
• File an eviction case asking a judge for an order allowing the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict the squatters, and
• If the judge enters an eviction order, schedule the eviction with the sheriff.

Only the sheriff can evict people in Illinois. Property owners cannot remove people by force, changing locks, or shutting off utilities.

No, a person who moved into property with permission does not become a trespasser or squatter just because the housing provider wants them to leave. When someone was allowed to move into property with permission from the property owner or a tenant, A person who rents a space eviction laws apply. This means:

• The housing provider must serve Giving court documents to someone any required written eviction notices before filing a court case, except in limited situations (learn more in Written eviction notices),
• The housing provider must file an eviction case and ask a judge to enter an eviction order (learn more in How eviction cases work), and
• Only the sheriff A county officer who can serve people with summons. They can evict someone with a court order. can carry out the eviction.

Once the person has been evicted, they may become a trespasser if they try to move back in without permission.

This issue often comes up when behavior in a shared household becomes unsafe. Safety concerns do not turn someone into a trespasser. When someone in the home is causing harm, other household members may:

• Seek an Order of Protection, or
• Use Housing protections for survivors of domestic violence, dating violence, stalking, and sexual assault to move out.

For help with unsafe shared living situations, including roommates, romantic partners, and adult Any person 18 years old or over family members, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

A property owner can ask law enforcement to remove a trespasser or squatter who never had permission to be on the property:

• The property owner or lawful occupant must show that they have the legal right to control access to the property, and
• Law enforcement officers may decline to remove someone if there is a dispute about permission or control of the property.

A person can also be removed for trespassing Unlawful entry or attempted entry of the property of another if a judge has decided they have no right to be on the property, such as:

• After a sheriff A county officer who can serve people with summons. They can evict someone with a court order. has carried out an eviction A court case brought by a landlord to get a tenant to move out order, or
• When a judge has ordered the person to stay away from the property.

Law enforcement officers do not decide ownership disputes. If officers believe there is a civil dispute about possession, they may tell the owner it is a civil matter and to go to eviction court.

Property owners may need to use the eviction process if:

• The person originally had permission to be on the property, or
• There is doubt about whether the person was invited in.

Yes, law enforcement officers can remove people from private property for violating the Illinois criminal trespass law. The property owner or lawful occupant must show that they have the legal right to control access to the property.

Under Illinois law, a person commits criminal trespass to real property when they:

• Knowingly enter or remain in a building without lawful authority,
• Enter someone else’s land after receiving notice that entry is forbidden,
• Remain on someone else’s land after being told to leave by the owner or lawful occupant, or
• Use false documents or a false identity to gain entry or remain on the property.

Notice may be given in different ways. A person may receive notice:

• Orally (spoken) from the owner or lawful occupant,
• In writing, including through a court order, or
• Through a clearly posted sign that forbids entry.

If law enforcement officers decline to remove a person for criminal trespass, the alternative is eviction. Learn more about eviction in How eviction cases work.

Squatters must be given written notice if:

• Law enforcement refuses to remove them, or
• They turn out to be living in the property with permission.

Notices for squatters can be:

• A Notice of Non-Renewal of Lease or Termination of Tenancy (learn more in Ending a lease), or
• A Demand for Immediate Possession.

A Demand for Immediate Possession can only be used when the people living in the property:

• Do not have a spoken or written agreement with the landlord, An owner of property who rents it out to a tenant and
• Do not have any other right to possession.

No, the Illinois criminal trespass law does not apply to certain people while they are serving court papers.

This includes:

• A person authorized to serve Giving court documents to someone process under Illinois law, and
• A special process server Someone other than a sheriff who serves a summons appointed by a circuit court The lowest level of court in Illinois judge.

“Serving process” means delivering legal papers, such as a summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court or complaint, A written statement to start a lawsuit that says what the defendant did to a person involved in a court case. This exception applies only while the person is performing official service of process duties. It does not give process servers the right to enter areas where they are not legally allowed to go, such as locked homes or private spaces without lawful authority.

No, the rule that prohibits using false documents or a false identity to gain entry does not apply to:

• Law enforcement officers or other government officials,
• When they enter a private building or land while performing their official duties.

This exception applies only when the officer or official is acting within the scope of their duties.

No. The criminal trespass law does not apply to migrant workers or other laborers who:

• Live on someone else’s land,
• With permission from the property owner or another person with the legal right to control access.

This includes:

• A migrant worker living on the land with permission from the owner,
• A worker assigned housing by an agent who has authority to hire workers and provide living quarters,
• A worker living on the land under a lease, agreement, or other arrangement with the owner or the owner’s agent, and
• A person invited to visit by a worker who is lawfully living on the land.

No. The criminal trespass law does not bar a person from entering a building or land for emergency purposes.

Under Illinois law, an emergency exists when:

• A person is in imminent danger of serious bodily harm, or
• Property is in imminent danger of damage or destruction.

The person entering the property must reasonably believe that this danger exists.

No, not always. Illinois law allows property owners and people with the legal right to control private property to give notice in different ways.

In some areas of the state, property owners may use purple paint instead of written “No Trespassing” Unlawful entry or attempted entry of the property of another signs. Purple markings must be clearly visible to someone approaching the property. Each marking must be:

• A vertical purple line at least 8 inches long, placed 3 to 5 feet above the ground and spaced no more than 100 feet apart, or
• A post marked or capped in purple on at least the top 2 inches, placed 3 to 5 feet 6 inches above the ground and spaced no more than 36 feet apart.

If a purple mark is placed on a fence shared by different property owners or lessees, all must agree before marking the fence. Purple markings are not allowed:

• In municipalities with more than 2 million residents, or
• If placing them would violate another law, court order, contract, or property restriction.

No, not always. Illinois law provides a limited exception to criminal trespass laws for people who “beautify” certain abandoned properties. This exception applies only to criminal trespass charges. It does not give the person ownership of the property.

A person may not be guilty of criminal trespass if they beautify property:

• Located in a municipality,
• Unoccupied and abandoned for at least 1 year,
• With unpaid property taxes for at least 2 years, and
• Classified as industrial or residential.

Under the law, “beautify” means:

• Landscaping,
• Cleaning up litter,
• Repairing dilapidated conditions, or
• Boarding up windows and doors.

In addition, a person who beautifies qualifying abandoned property under this rule is not liable for money damages in a civil lawsuit filed by the property owner.

Yes, in certain situations. Illinois law allows a mortgagee, such as a bank or loan company, to enter, secure, or maintain an abandoned residential property in certain situations. The mortgagee must make a good faith An honest effort to do something determination that the property qualifies as abandoned under Illinois law.

Yes, in rare situations, a squatter may claim ownership of property through a legal process called adverse possession. Illinois law allows this only if strict conditions are met for a long period of time.

To qualify, the person must show that their use of the property was:

• Continuous for at least 20 years,
• Without the owner’s permission,
• Actual, meaning they physically used the property,
• Open and obvious, so the owner could see the use,
• Exclusive, meaning they did not share control with the owner or the public, and
• Under a claim of ownership that conflicts with the true owner’s rights.

Meeting these conditions does not automatically transfer ownership. The person who wants to become the legal owner must file a court case and ask a judge to recognize the claim. Courts presume that the recorded owner has legal title unless the person claiming adverse possession proves otherwise.

Property owned by the State of Illinois or local government entities generally cannot be claimed through adverse possession.

For help with legal questions about trespassers and squatters, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Learn more about Protection from abuse.