General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
Last reviewed
The short version
- Adverse possession generally takes twenty years of continuous, open, exclusive and hostile possession.
- A claimant holding a deed or similar document in good faith can win after seven years of possession if they also pay the taxes for those seven years.
- Paying the property taxes for seven years is required for the shorter color of title route, but not for the twenty year route.
- Owners usually remove people who entered without permission through an eviction case, which covers occupants who never had a lease.
Illinois requires twenty years of possession for adverse possession, or seven years when the claimant has a deed or similar document and pays the taxes. Owners usually remove unauthorized occupants through the eviction process.
Illinois squatters rights at a glance
| Rule | Illinois | Law |
|---|---|---|
| Adverse possession period | Adverse possession generally takes twenty years of continuous, open, exclusive and hostile possession. | 735 ILCS 5/13-101 |
| Claim under a document (color of title) | A claimant holding a deed or similar document in good faith can win after seven years of possession if they also pay the taxes for those seven years. | 735 ILCS 5/13-107 and 13-109 |
| Paying property taxes | Paying the property taxes for seven years is required for the shorter color of title route, but not for the twenty year route. | 735 ILCS 5/13-107 and 13-109 |
| How owners remove occupants | Owners usually remove people who entered without permission through an eviction case, which covers occupants who never had a lease. | Eviction Act |
Adverse possession
An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.
Adverse possession period. Adverse possession generally takes twenty years of continuous, open, exclusive and hostile possession. (735 ILCS 5/13-101)
Claim under a document (color of title). A claimant holding a deed or similar document in good faith can win after seven years of possession if they also pay the taxes for those seven years. (735 ILCS 5/13-107 and 13-109)
Paying property taxes. Paying the property taxes for seven years is required for the shorter color of title route, but not for the twenty year route. (735 ILCS 5/13-107 and 13-109)
Removing an unauthorized occupant
How owners remove occupants. Owners usually remove people who entered without permission through an eviction case, which covers occupants who never had a lease. (Eviction Act)
Where the case is filed. Evictions are filed in the circuit court for the county where the property is located, under the Eviction Act. (Code of Civil Procedure Article IX (Eviction Act), 735 ILCS 5/9)
Why force backfires
Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.
Self-help eviction. Landlords should not lock out a tenant or remove belongings without a court order, and some local ordinances, including Chicago's, ban lockouts outright. (Eviction Act and local ordinances)
Protecting a vacant property
Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.
Mistakes to avoid
- Waiting months to act after someone moves in.
- Changing locks or removing belongings yourself.
- Accepting rent or utility payments from the occupant.
- Leaving a vacant property unchecked for long stretches.
Keep the Illinois squatters rights summary on file
Free, no sign up. The file downloads straight away.
General information, not legal advice.
Verify current law
We last checked these Illinois rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Illinois attorney about your situation.
Laws named on this page
- 735 ILCS 5/13-101
- 735 ILCS 5/13-107 and 13-109
- Eviction Act
- Code of Civil Procedure Article IX (Eviction Act), 735 ILCS 5/9
- Eviction Act and local ordinances
Official sources
Illinois forms for this topic
Letters and checklists for this topic
The parts people misread.
How long does adverse possession take in Illinois?
Adverse possession generally takes twenty years of continuous, open, exclusive and hostile possession. Source: 735 ILCS 5/13-101.
Does a squatter have to pay property taxes in Illinois?
Paying the property taxes for seven years is required for the shorter color of title route, but not for the twenty year route. Source: 735 ILCS 5/13-107 and 13-109.
How does an owner remove a squatter in Illinois?
Owners usually remove people who entered without permission through an eviction case, which covers occupants who never had a lease. Source: Eviction Act.