Legal Landscape of Squatting and A Closer Look at Illinois’ Legislative Response

State Senator Dave Syverson of Cherry Valley has introduced a bill that aims to tackle the issue of what is commonly known as squatters’ rights. Squatters are those who take over a property while the true owner is away for an extended period of time. In Illinois, that period of time is seven continuous years. After the 7-year period is up, the unwelcome occupant may acquire legitimate occupancy rights. The measure would amend the Illinois Code of Civil Procedure to prohibit claims of adverse possession when someone illegally occupies the property for a 7-year period.  

According to the wording of the bill, “no person shall have a right or legal standing to occupy or remain on or in any real property, residence, or structure where he or she has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or no documentation of payment of rent made to the owner of the property.” The bill would require that all persons legally occupying the property be listed by name and date of birth on a rental agreement or lease or be able to prove that they are a legitimate invitee of the legal occupant. It also provides for protection from claims by alleged sublessees when a property’s lease specifically forbids subletting.  

Protections for Seniors  

According to Senator Syverson, senior citizens are most often targeted by squatters. This happens when they go away to long-term care facilities and their homes remain vacant. Seniors are also susceptible to elder abuse in various forms and, generally speaking, may have a harder time asserting their rights.    

More Police Authority  

Syverson says the bill would give police more authority to remove squatters. As it currently stands, when police are called to a complaint about squatters, they often have no real way to help someone who has claimed that someone is squatting on their property. Illinois Association of Chiefs of Police Executive Director Kenny Winslow testified in front of the Illinois Senate Judiciary Committee that police would first look for clear signs of unwanted occupancy, such as forcible entry. It is often too difficult to prove from a police standpoint, and the issue is turned over to the property owner to figure out as a landlord-tenant legal dispute.  

Opposition  

Like with most bills, opponents say the language is overbroad and that enough protections already exist. Some of those protections include criminal trespass and the eviction process. Sam Tuttle of Legal Action Chicago stated that everyone needs housing and that if someone is there knowingly and unlawfully, there are ways to dispose of them of the property.  

Conclusion  

This, however, is tricky, given that if someone has been illegally possessing a property for a period of years, they may have set up their life on this property in an indistinguishable way from that of a legitimate tenant. They may have been representing themselves as the owner or tenant for so long that even neighbors may not realize. So, it is difficult for the police and the true owners to carry out a removal from the property. It remains to be seen if this particular bill will be adopted. Still, the squatters issue needs a feasible solution that is helpful to property owners and is also humanely and thoughtfully implemented.