If the premises for which the action is brought are actually occupied by any person, such actual occupant shall be named defendant in the action; and all other persons claiming title or interest to or in the same may also be joined as defendants.
6-106.Joinder of defendants.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires that whoever occupies the premises be named as defendant in an ejectment action, while also allowing anyone else claiming title or an interest in the same property to be joined as a defendant.
Full Text of 735 ILCS 5/6-106
Plain-English Summary
This section fixes who must, and who may, stand as defendant when the property in dispute is occupied. If any person occupies the premises the plaintiff is suing over, that occupant has to be named as a defendant. The action cannot proceed against an empty description of the property while leaving the person in possession out of the case.
Beyond that mandatory occupant, the section opens the door to additional defendants. Anyone else who claims title to or an interest in the same premises may also be joined, even if they are not in possession. That lets a plaintiff resolve competing claims to the property in one action rather than pursuing separate suits against the occupant and against other claimants.
This section addresses occupied premises specifically; 6-107 supplies the companion rule for premises that are not occupied at all.
Frequently Asked Questions
Who must be named as defendant if the premises are occupied?
The actual occupant of the premises must be named as a defendant in the action.
Can someone who does not occupy the property still be sued?
Yes. Anyone claiming title or an interest in the premises may also be joined as a defendant, along with the actual occupant.
What happens if the plaintiff sues someone other than the actual occupant?
The section requires that the actual occupant be named, so leaving out the true occupant does not satisfy this requirement.
Does this section apply to vacant land?
No. It applies where the premises are occupied; 6-107 covers premises that are not occupied.
Can more than one person be a defendant in the same ejectment action?
Yes. The section allows joinder of other claimants in addition to the actual occupant.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: naming defendant in illinois ejectmentwho must be sued in ejectment actionactual occupant defendant illinoisjoining claimants as defendants ejectment