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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I moved into a house that was vacant in illinois thinking it

Customer Question

I moved into a house that was vacant in illinois thinking it would force the bank and or owner to have to work w me as far as buying the home. I was arrested for trespassing and the police tell me I can not stay there until evicted! All my belongings are there power water and cable in my name there. Do I have rights to stay there until evicted?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I have been living in a hotel now for a week had to buy clothes to wear good to eat because I have no access to the property because the police took my keys. They had my animals picked up by animal control and without a place for them to stay they are hopefully still at the pound and not out down. But my bill goes up every day because I can't have them at hotel and nowhere for them to stay. I have read on adverse possesion and so called squatters rights and from everything I have read says I have to be evicted through the courts
Customer: replied 1 year ago.
I have done improvements to the home in the couple weeks I lived there maintaining the yard doing landscaping trimmed all the trees cleaned over grown shrubs for over a week. Installed new toilet shower valve cleaned and charged the a.c. unit treated the home for bugs and cleaned the house head to toe! If someone else was to do the work I have done it would have cost over 4grand. Can I put a lien on the property for the work I have done? Most importantly though I need to know if I have rights to still be living there until courts evict?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation, but I fear that you have been misinformed regarding your situation.

"Squatters rights" do not exist in the United States.

"Adverse Possession" does exist, but it very rarely applies as most attempts fail to fulfill all of the elements necessary to meet the statute (usually failure to pay the property taxes, but also you must live there for 20 years!) http://www.kentlaw.edu/perritt/courses/property/il-adverse-possession-statute.htm

Unfortunately, you were trespassing, you were breaking the law.

You do need to contact the bank and request permission to return to remove your property or make arrangements for a moving company to do so for you.

You are not entitled to any compensation for doing the improvements that you made, and if you are fortunate you will not be charged criminally for the trespass, or sued in civil court for money damages.

Expert:  CalAttorney2 replied 1 year ago.

You are not entitled to an eviction proceeding or unlawful detainer as you were not living in the unit under a lease agreement, or with any form of permission, you simply snuck into the property without permission hoping to force the owner to "work with you" (you were trespassing).

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