You drive past a rental house you own in Mt. Vernon. The locks are different. Someone is living inside. They have no lease, you never rented to them, and when you call the police, the officer tells you it is a “civil matter” and you need to go to court. For years in Illinois, that officer was often right. As of January 1, 2026, the answer has changed.
A new law clarifies that Illinois eviction rules do not stop police from removing a squatter as a criminal trespasser. Here is what actually changed, what did not, and how a property owner in Southern Illinois should respond.
What the New Squatter Law Says
The change comes from Senate Bill 1563, signed into law as Public Act 104-29, effective January 1, 2026. It added a new subsection to the Eviction Article of the Code of Civil Procedure, 735 ILCS 5/9-102. The added language states that nothing in the Eviction Article may be read to stop law enforcement from charging criminal trespass under 720 ILCS 5/21-3, or to interfere with their ability to remove people or property when a criminal trespass is happening.
In plain terms: a squatter no longer gets to hide behind the eviction process. Before this law, many officers treated any occupied home as a landlord-tenant dispute and told owners to file an eviction case, which often took six months or longer. The new law closes that excuse.
What the Law Does Not Do
This is where honest advice matters. The law did not hand police a brand-new power to clear out anyone an owner points at. Officers already had authority to enforce criminal trespass. What changed is the removal of the “this is civil, not criminal” reasoning that kept many departments from acting.
The law also does not define the exact steps an officer must follow, set a probable-cause standard, or guarantee that police will act the moment you call. If the occupant produces anything that looks like a lease, a receipt, or a colorable claim to be a tenant, the situation can flip back into a civil eviction overnight. Squatters who use forged leases are exactly the problem the law is trying to address, but a forged document can still slow an officer down at the scene.
Squatter vs. Tenant vs. Trespasser
The whole question turns on which of these three labels fits the person in your property. The distinction decides whether you can call the police or whether you are headed to court.
| Type of Occupant | Did They Ever Have Permission? | How You Remove Them |
|---|---|---|
| Tenant | Yes, by lease or agreement | Formal eviction case |
| Holdover tenant | Yes, but the lease ended | Formal eviction case |
| Squatter / trespasser | No, never | Criminal trespass removal by police (new for 2026) |
A true squatter is someone who took over a vacant or unoccupied property without ever having a right to be there. A tenant, even one who has stopped paying rent or stayed past the lease, had permission at some point. That difference is the dividing line under the new law.
How Removal Works in 2026
If you discover a squatter, the practical sequence looks like this. You contact local law enforcement and report a criminal trespass. You bring proof that you control the property, typically your recorded deed, a title document, or other ownership records. The officer confirms the occupant has no lease and no lawful claim. Where criminal trespass is established, police can now remove the person without making you file an eviction case first.
Criminal trespass to real property is a misdemeanor in Illinois, and a trespasser can also be held responsible for damage, court costs, and related losses. The faster the property is cleared, the less damage you absorb and the sooner you can re-secure and re-rent it.
Why Proof of Ownership Is the Whole Ballgame
An officer is not going to take your word for it. The entire process depends on your ability to show, on the spot, that the property is yours and that the occupant has no lease. That means your ownership records need to be clean, current, and easy to produce.
This is one reason ownership in Olson & Reeves clients often runs through Mt. Vernon Title Company, which our firm co-owns. A clear title search and a properly recorded deed are the documents that turn a frustrating standoff into a quick removal. If your title has gaps, old liens, or a chain-of-ownership problem, the officer at your door is the worst possible time to find out.
This Does Not Touch Adverse Possession
One common worry: does a squatter eventually “own” my property if they stay long enough? Illinois adverse possession requires open, continuous, hostile occupation for 20 years under 735 ILCS 5/13-101, one of the longer timeframes in the country. The 2026 squatter law does not change that. A short-term squatter is nowhere near an adverse possession claim, and acting quickly keeps it that way.
Frequently Asked Questions
Can I call the police on a squatter in Illinois now?
Yes. As of January 1, 2026, Illinois law makes clear that the eviction process does not stop police from removing a squatter as a criminal trespasser. If you can prove you own or control the property and the occupant has no lease, law enforcement can act without forcing you to file an eviction case first. The key is proving ownership at the scene with a recorded deed or title document.
What is the difference between a squatter and a tenant?
A squatter never had permission to be in the property. A tenant did, even if the lease has ended or rent has stopped. That single fact decides everything: squatters can be removed by police as trespassers, while tenants must be removed through a formal eviction case in court. If there is any written agreement, treat the person as a tenant until an attorney tells you otherwise.
What if the squatter shows the police a lease?
If an occupant produces a lease, even a fake one, police will usually decline to remove them and treat it as a civil matter. A disputed claim of tenancy generally has to be sorted out through the courts. Forged leases are a known squatter tactic, and they can stall a removal at the door. This is the situation where you want a real estate attorney involved fast.
Do I still need to file an eviction for a tenant who stopped paying?
Yes. The 2026 squatter law does not apply to tenants or holdover tenants. Anyone who once had permission to live in the property, by lease or verbal agreement, must be removed through Illinois eviction proceedings, even after the lease ends or they stop paying rent. Skipping the eviction process for an actual tenant can expose you to liability.
What proof do I need to remove a squatter?
You need to show that you legally control the property, usually with a recorded deed or title document, and that the occupant has no lease or lawful right to be there. Police verify both before removing a trespasser. Keeping your deed and title records organized and accessible is the single best thing an owner can do in advance.
Can a squatter take ownership of my property in Illinois?
Only through adverse possession, which in Illinois requires 20 years of open, continuous, and hostile occupation under 735 ILCS 5/13-101. A short-term squatter comes nowhere close. Removing an unauthorized occupant promptly eliminates any long-term ownership risk entirely.
Is the new squatter law statewide or just for Chicago?
It is statewide. Public Act 104-29 amended a section of the Illinois Code of Civil Procedure that applies in every county, including Jefferson County and the rest of Southern Illinois. The headlines focused on Chicago, but the protection covers landlords and owners everywhere in the state.
What should I do the moment I discover a squatter?
Do not confront the occupant or try to remove them yourself. Document everything, gather your ownership records, and contact law enforcement to report a criminal trespass. If the situation is unclear or the occupant claims a lease, contact a real estate attorney before acting. Self-help removal, like changing locks or shutting off utilities, can backfire and create liability for you.
Talk to a Southern Illinois Real Estate Attorney
The 2026 squatter law gives Illinois property owners a faster path, but it works only when your ownership is clean and you respond correctly. If you are dealing with an unauthorized occupant, a forged-lease problem, or a title question that could slow a removal, Olson & Reeves can help. Our firm handles real estate matters across Southern Illinois and co-owns Mt. Vernon Title Company, so we can address both the legal and the title side under one roof.
Call us at (618) 316-7322 to schedule your consultation, or learn more about our Southern Illinois real estate attorneys.