May 6, 2025
Illinois Senate Bill 1563, which proposes a streamlined approach for the removal of squatters, moved a step closer to becoming law last week. Having passed in the House without amendment, the bill will now be sent back to the Senate for final passage.
Squatters enter and occupy a property without ever having a right to possess it (in contrast to a tenant granted possession under a lease or a prior owner who took possession pursuant to title). Yet, under current Illinois law, property owners must go through the same lengthy eviction process set forth in Article IX of the Illinois Code of Civil Procedure, 735 ILCS 5/9-101 et seq. (“Eviction Law”), to remove squatters, tenants, and prior owners alike.
Senate Bill 1563 would change that. The legislation would provide relief to property owners by clearing the way for law enforcement to summarily remove squatters and their property pursuant to criminal trespass charges, without having to go through the eviction process under the Eviction Law.
What remains to be seen is whether Senate Bill 1563 will have much, if any, effect on the status quo. Law enforcement currently has the ability to enforce the offense of criminal trespass. Unlike a prowler, having temporarily and recently entered a property without permission, a squatter lives at the property and often professes to have or at least had permission or right to occupy the property. A squatter may have made improvements, decorated, moved in furniture, clothing, food, and other household items. Law enforcement has been wary of removing a person from their residence as a trespasser when the property owner and the occupant each provide documents or other evidence of their rightful possession. While the new legislation clarifies that a squatter can be cited for criminal trespass and removed by local law enforcement (as opposed to the county sheriff who has jurisdiction over evictions) without going through the eviction process, it is unclear whether law enforcement will be willing to do so if there is any doubt regarding the alleged squatter’s right to possession.
Even if local law enforcement declines to charge and remove the squatter, the new legislation could still benefit property owners by truncating the otherwise lengthy eviction process, allowing courts to treat squatters differently than other occupants. While a court order authorizing removal relieves law enforcement from making the decision about whether to remove the occupant, it might still put the onus on local police, rather than the sheriff, to remove squatters. Like other situations where police must approach and enter a person’s residence, removing squatters puts law enforcement officers in a potentially dangerous position.
It is possible that the General Assembly could pass Senate Bill 1563 before the end of the current legislative session, which concludes at the end of the month.
Please contact Brooke Lenneman at brooke.lenneman@elrodfriedman.com or any Elrod Friedman LLP attorney with any questions.