It shall be sufficient for the plaintiff to allege in the complaint that (on some day therein to be specified, and which shall be after his or her title accrued), he or she was possessed of the premises involved (describing them as hereinafter provided), and, being so possessed thereof, that the defendant afterwards (on some day to be stated) entered into such premises, and that he or she unlawfully withholds from the plaintiff the possession thereof, to his or her damage any nominal sum the plaintiff deems proper to state.
6-109.Allegations in complaint.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDescribes the minimum allegations that make an ejectment complaint sufficient: that the plaintiff possessed the premises on a date after title accrued, that the defendant later entered, and that the defendant unlawfully withholds possession.
Full Text of 735 ILCS 5/6-109
Plain-English Summary
This section sets a low bar for what an ejectment complaint must say to be sufficient. The plaintiff need only allege a specified date, occurring after the plaintiff's title accrued, on which the plaintiff was possessed of the premises. The complaint must describe those premises as required by the sections that follow, particularly 6-110.
From that starting point, the complaint alleges that the defendant afterward, on another stated date, entered into the premises, and that the defendant unlawfully withholds possession from the plaintiff. The pleading is built as a simple narrative: plaintiff possessed, defendant later entered, defendant now wrongfully holds on.
Damages get the same light treatment. The complaint need only claim damages "any nominal sum the plaintiff deems proper to state," so the plaintiff is not required to plead or prove actual monetary loss to state a valid ejectment claim; the real remedy sought is the recovery of possession itself, with rents and profits addressed separately under 6-130.
Frequently Asked Questions
What must the plaintiff allege about possession?
That on a specified date, occurring after the plaintiff's title accrued, the plaintiff was possessed of the premises described in the complaint.
What must the plaintiff allege about the defendant's conduct?
That the defendant afterward, on a stated date, entered into the premises and unlawfully withholds possession from the plaintiff.
Does the complaint need to specify actual damages?
No. The section allows the plaintiff to allege damage in any nominal sum the plaintiff deems proper to state.
Does this section describe how the premises themselves must be identified?
It refers to describing the premises "as hereinafter provided," pointing to 6-110's requirement of a description with convenient certainty.
Is this the only pleading requirement for an ejectment complaint?
No. 6-111 separately requires the plaintiff to state the nature of the estate claimed, such as fee, life estate, or a term of years.
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: what to allege in an ejectment complaint illinoisejectment pleading requirements illinoisunlawfully withholding possession complaintnominal damages ejectment complaint