Squatters' Rights in Illinois
Illinois rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. 735 ILCS 5/9-102(a)(2)-(3), (e) (as amended by P.A. 104-29, eff. 1-1-26); 720 ILCS 5/21-3
The rules in Illinois
| Squatters / unauthorized occupants | No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. P.A. 104-29 (SB 1563) added subsection (e): https://www.ilga.gov/Legislation/publicacts/view/104-0029. Criminal trespass statute: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K21-3.htm. Whether police will remove a particular occupant is decided case by case. |
|---|---|
| Belongings left behind | No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. |
Related questions
Illinois vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Illinois | No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. 735 ILCS 5/9-102(a)(2)-(3), (e) (as amended by P.A. 104-29, eff. 1-1-26); 720 ILCS 5/21-3 | No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. 735 ILCS 5/Art. IX, Part 1; 765 ILCS 705 (checked) |
| Indiana | Expedited police removal (since July 1, 2025). A 'squatter' is someone occupying another's property who does not have, and has never had, a rental agreement, the owner's permission, or another property interest; former tenants and invitees are excluded. The owner signs an affidavit (stating false statements are subject to perjury penalties) and gives it to a law enforcement agency, which must dispatch officers to remove the squatter within 48 hours (later only for public-safety reasons, then as soon as practicable). Officers must remove the person unless they find credible evidence the person has or had a rental agreement/permission or is an invitee; they may also arrest on probable cause. Officers are immune from civil liability. A person removed because the affiant knowingly made a materially false statement may sue the affiant. The owner may still use a possession or emergency possession action instead. IC 32-31-12-1 to -8 (P.L.191-2025) | A landlord is not liable for loss of personal property the tenant abandoned (property is abandoned if a reasonable person would conclude the tenant vacated and surrendered it; a lease cannot define abandonment differently). After winning possession in court, the landlord may ask the court for an order allowing removal of the tenant's property. If the tenant does not remove it by the date in the order, the landlord may move it to a warehouseman or court-approved storage facility after personally serving the tenant at the last known address with notice of the order and the storage location. Exempt property (medically necessary items, tools of trade, a week's seasonal clothing, blankets, items for a child's care and schooling) must be released free on demand. The storer holds a lien for storage and related costs; if not claimed within 45 days after notice, the property may be sold. IC 32-31-4-1 to -5 |
| Iowa | No special affidavit or police-removal statute. The owner uses the summary forcible entry and detainer (FED) action, which lies where the defendant entered the owner's prior actual possession 'by force, intimidation, fraud, or stealth' and keeps possession. For that ground, the 3-day written notice to quit otherwise required before filing is not required. Thirty days' peaceable possession with the plaintiff's knowledge after the cause of action accrues bars the FED action, so owners should act promptly. Iowa Code §648.1(1); §648.3(1); §648.18 | No statute — the residential landlord-tenant law (ch. 562A) has no procedure for belongings left in an apartment or house; §562A.29 covers only re-renting an abandoned unit, and the FED judgment/execution sections (§648.22) are silent on personal property. Iowa Code ch. 555B sets a removal, storage, sheriff-notice, and court abandonment process only for abandoned mobile homes and the owner's personal property in or around them. Iowa Code §562A.29; §648.22; ch. 555B (mobile homes) |
| Kentucky | Police removal by petition (since June 27, 2025). An owner or authorized agent may ask a law enforcement officer to immediately remove people unlawfully occupying real property if: the occupant is not and never was a tenant and never had a written or oral agreement with the owner to occupy; the property was not open to the public when they entered; the owner told them to leave; they are not the owner's immediate family; and no litigation about the property is pending between them. The owner presents a sworn 'Petition to Remove Persons Unlawfully Occupying Real Property' (statutory form, initialed statements, with government ID or proof of agency). After verifying the petitioner's identity, the officer must without unnecessary delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession; the officer may arrest for trespass or other cause. Sheriff/constable fee: $20. The officer may stay to keep the peace while the owner changes locks and moves the occupants' belongings to or near the property line. A wrongfully removed person may sue within 60 days for restored possession, costs, and attorney's fees. The procedure cannot be used against current or former tenants. KRS 383.290 (2025 Ky. Acts ch. 63, eff. 6-27-25) | No statute — no Kentucky statute sets a notice/storage/sale procedure for a residential tenant's belongings left after move-out or eviction. KRS 383.670 (URLTA, only where locally adopted) covers re-renting an abandoned unit but not personal property; the forcible detainer sections (KRS 383.200-.285) are silent on belongings. KRS 383.670; KRS Chapter 383 (section list checked) |
| Missouri | Expedited court process (since 28 Aug 2024). The owner or an authorized agent files a verified petition in the county where the property is. The petition must state, among other things: the property includes a residential dwelling and was not open to the public when the occupants entered; the occupants are not guests, current or former tenants, or immediate family of the owner; the owner told them to leave and they refused; the property has not been leased to anyone for three consecutive months; and no related litigation is pending. On good cause the court must immediately issue an ex parte removal order, with a hearing within 48 hours of filing. The sheriff enforces the order and may stand by while the owner changes the locks and moves the occupants' belongings to or near the property line. Violating the order is a class A misdemeanor. A person removed without just cause may sue for restored possession, actual damages to personal property, $1,000 statutory damages, and court costs. RSMo 534.602, 534.604 (L. 2024 H.B. 2062) | After the tenant abandons the premises, the landlord may remove or dispose of property left behind without liability. The premises count as abandoned only if: (1) the landlord reasonably believes the tenant has moved out and does not intend to return; (2) rent has been due and unpaid for 30 days; (3) the landlord posts a written notice on the premises and mails it to the tenant's last known address by both first-class and certified mail (return receipt requested), using the statutory wording that the landlord may declare the property abandoned and dispose of the tenant's possessions unless the tenant responds in writing within 10 days; and (4) the tenant does not pay rent or respond in writing within 10 days after both the posting and the mailing. No storage period or sale procedure is required by the statute. RSMo 441.065 |
| Wisconsin | Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. Wis. Stat. 943.14; 175.403; 704.055 | If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. Wis. Stat. 704.05(5) |
City rules that may add to state law
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Squatters' Rights in Illinois FAQ
How do you remove a squatter in Illinois?
No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. (735 ILCS 5/9-102(a)(2)-(3), (e) (as amended by P.A. 104-29, eff. 1-1-26); 720 ILCS 5/21-3)
What can a landlord do with a tenant's abandoned property in Illinois?
No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. (735 ILCS 5/Art. IX, Part 1; 765 ILCS 705 (checked))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.