In July 2025, Governor J.B. Pritzker signed Senate Bill 1563 into law, addressing a growing concern in Illinois: what happens when someone occupies a property without a lease or title? Beginning January 1, 2026, this new law clarifies that law enforcement have authority to remove unauthorized occupants when a criminal trespass has occurred, without the need for the owner to file an eviction case.

Known informally as the “Squatter Bill,” SB1563 was designed to prevent situations where a person breaks into a vacant property, makes it their home without the owner's permission, and then insists that police are not allowed to remove them without an order of a court. Illinois law never permitted that situation, but this amendment provides some clarity on the point.

What Does SB1563 Do?

This law introduces several changes to how Illinois addresses unlawful occupancy:

Key Features of SB1563

• Allows police to remove individuals from a property if those occupants trespassed when entering.
• Clarifies that the eviction procedures do not prevent criminal trespassers from being summarily removed by law enforcement.

Important Protections and Limits

• The amendment only applies to individuals who committed criminal trespass when entering the subject building.
• Individuals with a lease (including an expired lease), rental payment history, or owner permission to enter are still protected and cannot be removed without due process.
• Disputes involving unclear rights to occupy or claims of tenancy must generally still go through the courts.

Why the Law Was Introduced

Proponents of SB1563 point to cases where properties were entered and occupied without the owner's knowledge—sometimes while the owner was away. Homeowners have voiced frustration over delays in reclaiming their homes from such individuals because, at times, police have determined (incorrectly) that the eviction act prohibited them from removing criminal trespassers. Lawmakers sought to clarify that criminal trespassers are not required to be evicted through a civil eviction proceeding.

Guidance for Owners and Tenants

Whether you're a landlord or renter, here's how to navigate the new law:

If You're a Landlord:

• Contact law enforcement if someone is occupying your property without permission.
• Avoid "self-help" removals. You could face civil or even criminal liability for illegal evictions. Rely on law enforcement to remove criminal trespassers. Otherwise, use the eviction process to protect yourself legally.
• Note that all tenants, including tenants with expired leases or tenants failing to pay their rent, must still be removed through the normal eviction process.

If You're a Tenant:

• Maintain written lease or documentation showing your right to live in a property, especially if you believe it likely that your landlord will wrongfully claim you are trespassing.
• Ask for a receipt or confirmation when paying rent, especially to private landlords.
• If someone claims you are trespassing, remain calm and ask to speak to an attorney. Decline to remove yourself if asked, but if ordered to vacate, obey the instructions and phone an attorney immediately.

Know Your Rights and Responsibilities

SB1563 doesn't change the fundamental rights of lawful tenants—it clarifies the law for police and owners. If you're unsure of your housing status or your rights, legal help is available.

CTM Legal Group is here to assist both property owners and tenants with navigating housing disputes and understanding new laws like SB1563.

Need advice on your situation?

Call us at (312) 818‑6700 or visit ctmlegalgroup.com to schedule a strategy session.

CTM Legal Group – Your legal partner in property and housing law.