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How to Evict a Squatter in Illinois
Understanding the Law and Protecting Your Illinois Property Rights
A squatter is someone who occupies an empty property without the owner's permission. Dealing with squatters can be a frustrating experience because even squatters have rights. When a property owner begins the eviction process, it is vital that he or she follow the law and have a through understanding of how it works to to ensure a peaceful, lawful eviction. Here are some guidelines.
Establish Legal Ownership
Before taking any action, it's vital that the property owner establish legal ownership of the real estate in question. Onwership can be demonstrated through property deeds, titles, or any other relevant documentation that proves the owner's right to the property.
Verify Squatter Status
The property owner must confirm that the person in question is indeed a squatter and not a tenant. Tenants have specific legal protections. A squatter is someone who doesn't have permission to occupy the property and isn't paying rent. If the person has a valid lease or agreement, then the owner has to follow the standard eviction process for tenants.
Try Communication
The owner can try to initiate contact with the squatter in a peaceful and non-confrontational manner because misunderstandings or lack of communication is what sometimes leads to a squatter taking over a property. The owner should politely explain his or her ownership and ask the squatter to vacate the property voluntarily. All interactions should be documented as as they might be necessary in court proceedings.
Caveat: If the squatter seems unstable or possibly violent, then do not attempt communication. If communication fails and the squatter refuses to leave, then the owner should consider filing a police report for trespassing. Having an official record of the situation can aid in the eviction process and provide legal support for the eviction case. In Illinois, serving a five-day "Notice to Quit" is the initial step in the formal eviction process. This notice informs the squatter that he or she has five days to vacate the property. It's important to adhere to the legal requirements for serving this notice, including the method of delivery and content. If the squatter doesn't leave within the five-day period, the property owner will need to file an eviction lawsuit in the appropriate Illinois court. This lawsuit is known as a "Forcible Entry and Detainer" action. It's advisable to seek legal counsel at this stage to ensure the case is properly presented. Both parties will be summoned to a court hearing where the owner must present evidence supporting his or her claim to the property and the squatter's lack of legal right to stay in it. If the court rules in the owner's favor, it will issue an eviction order, typically providing the squatter with a short timeframe to vacate. The owner should keep all court documents and receipts for filing fees to show that he or she has followed Illinois' eviction laws when it comes to squatters. If the squatter still doesn't leave after the court ruling, then the owner will need to obtain a Writ of Possession from the court. This writ authorizes law enforcement to physically remove the squatter from the property.Contact Local Law Enforcement
Serve an Eviction Notice
File an Eviction Lawsuit
Attend the Court Hearing
Obtain a Writ of Possession
Enforce the Writ
Once the owner has the Writ of Possession, law enforcement will schedule a date to remove the squatter from the property. It's important that authorities handle this process so as to avoid any potential conflicts or legal issues.
Secure the Property
After the squatter is removed, the owner must take immediate steps to secure the property. This involves changing locks, repairing any damage, etc. This prevents re-entry by the squatter or any other unauthorized individuals.
Sue the Squatter
Although it is not always practical, the owner might consider pursuing legal recourse against the squatter if he or she caused damage to the property or the owner incurred significant legal expenses during the eviction process. In many cases, though, squatters have few assets and are not be able to pay damages.
Prevent Future Squatting
To minimize the risk of future squatting, the property owner should maintain regular checks on his or her property, especially if it's vacant. If the owner discover signs of unauthorized occupation, swift legal action should be undertaken to prevent the situation from escalating.
Bottom Line
The bottom line is that evicting a squatter in Illinois can be tricky. Evicting anyone anywhere is not easy, even for property owners with solid legal grounds. It is a complicated, contentious and often costly endeavor.
Get Help!
Ask an Illinois Eviction Law Question, Get an Answer ASAP!
If, though, it is time to evict a squatter, then it is a good idea to talk to an experienced Illinois eviction lawyer before proceeding to ensure that all of your rights are protected. One small misstep could mean the squatter staying on the property. And the longer he or she stays, the harder it can be to get him or her out.
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