STOP SQUATTERS ACT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3841

Introduced 2/6/2026, by Sen. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:

See Index

Creates the Stop Squatters Act. Creates a process for local law
enforcement to remove a person who is unlawfully occupying residential or
commercial property without any right to do so. Requires the property
owner to file a complaint with local law enforcement alleging facts to
trigger the Act. Provides that law enforcement is entitled to a reasonable
fee to remove an unauthorized occupant and provides legal protection to
law enforcement for acting on a complaint. Provides that if the complaint
is found to be false, the property owner shall indemnify the law
enforcement agency. Creates a civil action for a person who was wrongfully
removed. Creates a civil cause of action for the property owner for damages
by the wrongful occupant. Amends the Criminal Code of 2012. Creates a Class
4 felony for making a false statement to detain real property and
fraudulent sale or lease of residential real property. Amends the Code of
Civil Procedure to provide that illegal possession of land during a 7-year
period may not be used for a claim of adverse possession. Amends the
Landlord and Tenant Act. Provides that no person has the right or legal
standing to occupy or remain on or in any real property, residence, or
structure if the person has no written property interest under a written
lease or rental agreement with the owner of the property listed in county
tax records or the owner's agent; no documentation of payment of rent made
to the owner of the property or the owner's agent; or otherwise fails to
provide any evidence of an oral or written agreement in which a property
interest is claimed. Provides that all persons legally occupying a
property, residence, or structure shall be listed by name and date of birth
on a lease, rental agreement, or rental application associated with the
lease or rental agreement or provide evidence that the person is an invitee
of a lessee or authorized occupant of the property. Provides that no
subleasing shall be allowed or deemed as legal in contrast to a lease or
rental agreement that specifically prohibits subleases. Provides that a
sublease made in violation of a lease or rental agreement shall not
establish legal standing to occupy or remain on or in any real property,
residence, or structure by the sublessee and the sublessee shall vacate
the property after receiving notice from the property owner of record to
depart.
LRB104 19449 JRC 32897 b

A BILL FOR

SB3841
LRB104 19449 JRC 32897 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be referred to as the
5
Stop Squatters Act.

6

Section 5.
Legislative intent.
The General Assembly finds
7
that the right to exclude others from entering and the right to
8
direct others to immediately vacate residential and commercial
9
real property are fundamental property rights.

10

Section 10.
Process to remove unlawful occupant.
11

(a) Notwithstanding any other law, a property owner or
12
authorized agent may request that the county sheriff or the
13
chief of police of the local jurisdiction immediately remove
14
any person or persons unlawfully occupying a residential
15
dwelling or commercial building if the following conditions
16
are met:
17

(1) The requesting person is the property owner or
18

authorized agent.
19

(2) The real property includes a residential dwelling
20

or commercial building.
21

(3) An unauthorized person or persons are unlawfully
22

occupying the property.

SB3841
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LRB104 19449 JRC 32897 b
1

(4) The property was not open to the public at the time
2

of entry.
3

(5) The property owner has directed the unauthorized
4

person or persons to leave.
5

(6) The unauthorized person or persons are not current
6

or former tenants.
7

(7) The unauthorized person or persons are not
8

immediate family members of the property owner.
9

(8) No pending litigation exists between the property
10

owner and the unauthorized person or persons.
11

(b) To request the immediate removal under this
12

Section, the property owner or authorized agent must
13

submit a completed and verified complaint that includes
14

the information in subsection (a) to the sheriff or police
15

chief.
16

(c) Upon receipt of the complaint, the law enforcement
17

agency that receives the complaint shall conduct
18

preliminary fact-finding, which may include reviewing any
19

alleged lease agreement, talking to neighbors, and other
20

relevant inquiries to ascertain the validity of the
21

complaint. If the preliminary fact-finding indicates
22

probable cause that the above conditions outlined in this
23

Section are met, then the law enforcement agency shall
24

serve a notice to immediately vacate on the unlawful
25

occupants and put the property owner in possession of the
26

real property.

SB3841
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LRB104 19449 JRC 32897 b
1

(d) The law enforcement agency is entitled to a
2

reasonable fee for service to be determined by the unit of
3

local government that the law enforcement agency serves.
4

Upon serving the notice, the property owner may request
5

the law enforcement agency to remain to keep the peace
6

while changing locks and removing personal property of the
7

unlawful occupants.
8

(e) The property owner who submits a complaint under
9

this Section that turns out to be false shall indemnify
10

the law enforcement agency and its agents for any damages
11

awarded against the law enforcement agency or its agents
12

for their good faith conduct that was based on the
13

complaint. A civil cause of action for wrongful removal of
14

the occupant is allowed, with remedies, including
15

restoration of possession, actual costs, damages, and
16

attorney's fees.
17

(f) This Section does not limit other rights of the
18

property owner or law enforcement authority.

19

Section 15.
Civil action for violation.
A property owner
20
may file a civil action against a person who unlawfully
21
occupies a residential dwelling or commercial building in
22
violation of this Act and intentionally damages the property.
23
The court shall award the property owner the owner's actual
24
damages or $1,000, whichever is greater. If the court finds
25
for the property owner, the defendant must also pay the

SB3841
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LRB104 19449 JRC 32897 b
1
attorney's fees and costs of the property owner for bringing
2
the civil action.

3

Section 900.
The Criminal Code of 2012 is amended by
4
adding Sections 21-3.5 and 21-3.7 as follows:

5

(720 ILCS 5/21-3.5 new)
6

Sec. 21-3.5.
Making false statement to detain real
7
property.
8

(a) A person commits making a false statement to detain
9
property when the person knowingly presents a false document
10
purporting to convey real property rights.
11

(b) Sentence. A violation of this Section is a Class 4
12
felony.

13

(720 ILCS 5/21-3.7 new)
14

Sec. 21-3.7.
Fraudulent sale or lease of residential real
15
property.
16

(a) A person commits a fraudulent sale or lease of
17
residential real property when the person knowingly lists or
18
advertises residential real property or a commercial building
19
for sale or rent without legal title or authority to do so.
20

(b) Sentence. A violation of this Section is a Class 4
21
felony.

22

Section 905.
The Code of Civil Procedure is amended by

SB3841
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LRB104 19449 JRC 32897 b
1
changing Section 13-102 as follows:

2

(735 ILCS 5/13-102)

(from Ch. 110, par. 13-102)
3

Sec. 13-102.
Breach of condition subsequent.
No person
4
shall commence an action for the recovery of lands, nor make an
5
entry thereon, by reason of the breach of a condition
6
subsequent, unless within 7 years after the time that
7
condition is first broken. Continuing, successive or recurring
8
breaches shall not extend the time for commencing the action
9
or making the entry. Possession shall be deemed to be adverse
10
and hostile from and after the first breach of a condition
11
subsequent, notwithstanding the occurrence of successive or
12
recurrent breaches.
Possession is not adverse and hostile for
13
any time during a 7-year period the person was in possession of
14
lands in violation of Section 21 of the Landlord and Tenant
15
Act.
16
(Source: P.A. 82-280.)

17

Section 910.
The Landlord and Tenant Act is amended by
18
adding Section 21 as follows:

19

(765 ILCS 705/21 new)
20

Sec. 21.
Illegal possession of property.
No person has a
21
right or legal standing to occupy or remain on or in any real
22
property, residence, or structure if the person has no written
23
property interest under a written lease or rental agreement

SB3841
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LRB104 19449 JRC 32897 b
1
with the owner of the property listed in county tax records or
2
the owner's agent; has no documentation of payment of rent
3
made to the owner of the property or the owner's agent; or
4
otherwise fails to provide any evidence of an oral or written
5
agreement in which a property interest is claimed. All persons
6
legally occupying a property, residence, or structure shall be
7
listed by name and date of birth on a lease, rental agreement,
8
or rental application associated with the lease or rental
9
agreement or provide evidence that the person is an invitee of
10
a lessee or authorized occupant of the property. No subleasing
11
shall be allowed or deemed as legal in contrast to a lease or
12
rental agreement that specifically prohibits subleases. A
13
sublease made in violation of a lease or rental agreement does
14
not establish legal standing to occupy or remain on or in any
15
real property, residence, or structure by the sublessee and
16
the sublessee shall vacate the property after receiving notice
17
from the property owner of record, or the property owner's
18
designee, to depart. If a person is occupying a property as an
19
invitee of a lessee or an authorized occupant of the property,
20
the property owner shall comply with the notification
21
requirements of subsection (g) of Section 9-106.2 of the Code
22
of Civil Procedure.

SB3841
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LRB104 19449 JRC 32897 b
1

INDEX

2

Statutes amended in order of appearance

3

New Act
4

720 ILCS 5/21-3.5 new
5

720 ILCS 5/21-3.7 new
6

735 ILCS 5/13-102
from Ch. 110, par. 13-102
7

765 ILCS 705/21 new

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