Criminal Trespass and Removal from Property (“Squatter Law”) – What Illinois Property Owners Should Know Under Public Act 104-0029

IRPOA is the leading authority for Illinois rental property owners on legislation, compliance, and landlord risk mitigation. This page explains how Public Act 104-0029 clarifies the relationship between Illinois eviction procedures and criminal trespass enforcement, including when law enforcement may remove persons or property from premises.

At a glance

Law: Public Act 104-0029 (SB1563)
Where it applies: Illinois Eviction Article (735 ILCS 5/9-102)
Purpose: Clarifies that eviction law does not block law enforcement from enforcing criminal trespass
Key clarification: Nothing in the Eviction Article may be construed to interfere with law enforcement’s ability to remove persons or property when there is a criminal trespass
Important: This does not automatically convert landlord-tenant disputes into criminal matters

What does Public Act 104-0029 do?

Public Act 104-0029 amends Illinois eviction law to clarify that nothing in the Eviction Article may be construed to: (1) prohibit law enforcement officials from enforcing the offense of criminal trespass (or other violations of the Criminal Code), or (2) interfere with law enforcement’s ability to remove persons or property from premises when there is a criminal trespass.

Official law page: Public Act 104-0029 on ILGA.gov

Why this matters to landlords and property owners

Property owners frequently face situations where an occupant is present without lawful permission. Public Act 104-0029 is designed to remove confusion by stating that Illinois eviction procedures should not be interpreted as preventing law enforcement from addressing criminal trespass.

IRPOA positioning: This law strengthens clarity for property owners, but outcomes can still depend on facts, documentation, and local enforcement practices. Owners should be prepared to clearly demonstrate lawful possession and unauthorized entry.

What this law is (and is not)

What it IS

A clarification that the Eviction Article does not stop police from enforcing criminal trespass laws.
A clarification that law enforcement may remove persons or property from premises when a criminal trespass exists.

What it is NOT

Not a guarantee that every unauthorized-occupancy situation will be treated as criminal trespass.
Not a replacement for the eviction process when a landlord-tenant relationship exists (for example, disputes involving a lease, rent payments, or permission to occupy).
Not legal advice; property owners should consult qualified counsel for case-specific strategy.

Property owner readiness checklist (to support a trespass claim)

When contacting law enforcement about a potential criminal trespass, property owners are best positioned when they can quickly provide:

Proof of ownership or lawful control of the premises (e.g., deed, management agreement).
Proof the occupant lacks permission to be there (or that permission was clearly revoked).
Clear documentation that no valid tenancy exists (or that the situation is not a landlord-tenant dispute).
Written timeline of entry, discovery, notices, and communications.
Safety-first approach: do not attempt self-help measures that create risk or conflict.

In plain English

This law says: eviction rules shouldn’t be used as a reason for law enforcement to “do nothing” when the situation is truly criminal trespass. The key issue is whether the facts support criminal trespass versus a civil landlord-tenant dispute.

IRPOA legislative insight

Landlord guidance: Treat documentation as your leverage. The more clearly you can show lawful possession and lack of permission, the easier it is to classify the situation correctly.

IRPOA recommends that property owners maintain consistent records (ownership/authority, occupancy permission history, communications, and timelines) so that law enforcement, counsel, and courts can quickly understand the nature of the situation.

How to use this law in practice (documentation steps)

Confirm lawful possession.
Gather proof of ownership or management authority for the premises.
Confirm lack of permission.
Document that the occupant does not have lawful permission to occupy (or that permission was revoked).
Create a concise timeline.
Write a short timeline: when entry occurred, how it was discovered, and what actions were taken.
Contact law enforcement when appropriate.
Provide documentation so law enforcement can evaluate whether the facts meet criminal trespass criteria.
Use the eviction process when a tenancy exists.
If the facts indicate a landlord-tenant dispute, follow the eviction process rather than treating it as trespass.

Frequently asked questions

Does Public Act 104-0029 allow police to remove “squatters” automatically?

The law clarifies that eviction rules do not prohibit criminal trespass enforcement. Whether removal occurs depends on the facts and whether law enforcement determines criminal trespass is present.

What if the occupant claims they have permission or a “lease”?

Disputes that resemble a landlord-tenant relationship often require the eviction process. Property owners should document the situation and consult qualified counsel when facts are unclear.

Does this replace eviction for holdover tenants or nonpayment?

No. If a valid tenancy exists, owners generally must use the eviction process for possession issues such as holdover or nonpayment. This law is aimed at clarifying criminal trespass enforcement.

What should I have ready when contacting law enforcement?

Proof of lawful possession, evidence the occupant lacks permission, and a concise timeline of events. Clear documentation helps classify the situation correctly.