Can Police Remove Squatters in Illinois?
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The Short Answer: No
In the state of Illinois, it is not entirely accurate to say that police can simply remove squatters from a property. While law enforcement can take action to prevent further trespassing and deter squatters, they typically do not have the legal authority to physically remove them from the property.
However, there are certain situations where police may be able to assist with the eviction process or take other steps to address squatter occupation. We will explore these scenarios in greater detail below.
The Difference Between Trespassing and Squatting
Before we delve into the legal aspects, it’s essential to understand the distinction between trespassing and squatting.
Trespassing is the unauthorized entry into or remaining on someone else’s property, often with malicious intent or without consent. Trespassing is typically considered a minor offense, and police can arrest or cite individuals found trespassing.
Squatting, on the other hand, is when an individual or group of individuals occupy a property without the owner’s consent or permission. Squatting can be more complex, as it may involve various legal and psychological factors. Squatters may claim rights to the property, make improvements, or even seek legal recognition of their presence.
The Eviction Process in Illinois
In Illinois, the eviction process for squatters involves a lengthy and complex procedure. Property owners must typically follow the steps outlined below:
Step 1: Service of Notice
The property owner must serve the squatter with a written notice, stating their intention to evict the individual or group. This notice is usually served within 15 days of the squatter’s occupation.
Step 2: Filing a Petition
The property owner must file a petition with the circuit court, requesting that the squatter be evicted. This petition must be accompanied by an affidavit swearing to the facts of the case and a copy of the service notice.
Step 3: Summons and Complaint
The court issues a summons and complaint to the squatter, providing them with the opportunity to respond to the petition. The squatter has 21 days to answer the complaint or file a counterclaim.
Step 4: Hearing
A hearing is scheduled for the court to review the case. The property owner must present evidence to establish their ownership of the property and the squatter’s unauthorized occupation. The squatter may present their side of the case, highlighting any claims to the property or justifying their actions.
Step 5: Judgment and Execution
If the court rules in favor of the property owner, a judgment is entered, and an execution can be issued. The squatter is given a reasonable time to vacate the property before a sheriff’s sale or lockout may occur.
Step 6: Actual Eviction
The final step is the actual eviction, where the sheriff’s department may physically remove the squatter from the property or hold a sheriff’s sale.
When Police Can Assist with Evictions
While police do not have the authority to remove squatters from a property, they can assist with evictions in certain situations:
• Emergency situations: Police can respond to emergency situations where squatters are causing immediate harm, such as threatening violence, damaging property, or violating the rights of others.
• Risk of injury or harm: Police may be called if squatters are putting themselves or others at risk, such as occupying a structure with hazardous conditions or threatening to harm others.
• Assistance with court orders: If a court has issued an eviction order, police may assist with executing the order, ensuring that the squatter vacates the property.
Challenges and Complications in Illinois Squatter Removals
Evicting squatters from a property in Illinois can be a challenging and costly process. Property owners face various obstacles, including:
• Defending against squatter claims: Squatters may contest the eviction process, alleging that they have a rightful claim to the property. Property owners must be prepared to present strong evidence of their ownership and the squatter’s unauthorized occupation.
• Security concerns: Squatters may resist eviction or engage in destructive behavior to prevent being removed from the property.
• Cleanup and repair: After a squatter removal, the property may require significant cleaning and repair work, further increasing costs for the property owner.
Conclusion
In Illinois, police are not authorized to remove squatters from a property, except in extraordinary circumstances such as emergency situations or the assistance of a court order. Property owners must pursue the legal eviction process to regain control of their property. This process can be lengthy and costly, making it essential for property owners to take proactive measures to prevent squatting in the first place.
