SB3841 104TH GENERAL ASSEMBLY

LRB104 19449 JRC 32897 b

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.

A BILL FOR

AN ACT concerning civil law.

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

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

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

Section 10. Process to remove unlawful occupant.

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

(1) The requesting person is the property owner or authorized agent.

(2) The real property includes a residential dwelling or commercial building.

(3) An unauthorized person or persons are unlawfully occupying the property.

(4) The property was not open to the public at the time of entry.

(5) The property owner has directed the unauthorized person or persons to leave.

(6) The unauthorized person or persons are not current or former tenants.

(7) The unauthorized person or persons are not immediate family members of the property owner.

(8) No pending litigation exists between the property owner and the unauthorized person or persons.

(b) To request the immediate removal under this Section, the property owner or authorized agent must submit a completed and verified complaint that includes the information in subsection (a) to the sheriff or police chief.

(c) Upon receipt of the complaint, the law enforcement agency that receives the complaint shall conduct preliminary fact-finding, which may include reviewing any alleged lease agreement, talking to neighbors, and other relevant inquiries to ascertain the validity of the complaint. If the preliminary fact-finding indicates probable cause that the above conditions outlined in this Section are met, then the law enforcement agency shall serve a notice to immediately vacate on the unlawful occupants and put the property owner in possession of the real property.

(d) The law enforcement agency is entitled to a reasonable fee for service to be determined by the unit of local government that the law enforcement agency serves. Upon serving the notice, the property owner may request the law enforcement agency to remain to keep the peace while changing locks and removing personal property of the unlawful occupants.

(e) The property owner who submits a complaint under this Section that turns out to be false shall indemnify the law enforcement agency and its agents for any damages awarded against the law enforcement agency or its agents for their good faith conduct that was based on the complaint. A civil cause of action for wrongful removal of the occupant is allowed, with remedies, including restoration of possession, actual costs, damages, and attorney's fees.

(f) This Section does not limit other rights of the property owner or law enforcement authority.

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

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

(720 ILCS 5/21-3.5 new)

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

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

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

(720 ILCS 5/21-3.7 new)

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

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

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

Section 905. The Code of Civil Procedure is amended by changing Section 13-102 as follows:

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

Sec. 13-102. Breach of condition subsequent. No person shall commence an action for the recovery of lands, nor make an entry thereon, by reason of the breach of a condition subsequent, unless within 7 years after the time that condition is first broken. Continuing, successive or recurring breaches shall not extend the time for commencing the action or making the entry. Possession shall be deemed to be adverse and hostile from and after the first breach of a condition subsequent, notwithstanding the occurrence of successive or recurrent breaches. Possession is not adverse and hostile for any time during a 7-year period the person was in possession of lands in violation of Section 21 of the Landlord and Tenant Act.

(Source: P.A. 82-280.)

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

(765 ILCS 705/21 new)

Sec. 21. Illegal possession of property. No person has a 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; has 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. 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. No subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibits subleases. A sublease made in violation of a lease or rental agreement does 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, or the property owner's designee, to depart. If a person is occupying a property as an invitee of a lessee or an authorized occupant of the property, the property owner shall comply with the notification requirements of subsection (g) of Section 9-106.2 of the Code of Civil Procedure.