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6-115.Landlord as defendant.

Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceAllows a landlord whose tenant is sued in ejectment to be added as a defendant in that action, either on the landlord's own motion or on the plaintiff's motion, subject to whatever terms the court orders.

Full Text of 735 ILCS 5/6-115

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The landlord, whose tenant is sued in ejectment, may, upon his or her own motion or that of the plaintiff, be made defendant in such action, upon such terms as may be ordered by the court.

Plain-English Summary

Once a landlord learns, often through the notice required by 6-114, that a tenant has been sued in ejectment, this section gives the landlord a direct way into the case. The landlord may be made a defendant in the action, protecting the landlord's own interest in the property rather than leaving the defense entirely to the tenant.

Two routes lead to that result. The landlord can move to be joined, or the plaintiff can move to add the landlord as a defendant. Either way, the court controls the terms on which the landlord enters the case, so joinder under this section is not automatic even where a motion is made.

This section complements 6-106's general rule on defendants, which centers on the actual occupant and other claimants; it supplies a specific route for the property's landlord to be brought into an ejectment suit that names the landlord's tenant.

Frequently Asked Questions

Who may move to add the landlord as a defendant?

Either the landlord, on the landlord's own motion, or the plaintiff, on the plaintiff's motion.

Is the landlord automatically added as a defendant once a motion is made?

No. The section makes joinder subject to such terms as may be ordered by the court.

Why would a landlord want to be joined as a defendant?

The section does not state a reason, but joinder lets the landlord defend an interest in the property directly rather than relying solely on the tenant's defense.

How does this section relate to the notice requirement in 6-114?

6-114 requires the tenant to notify the landlord of the suit; this section gives the notified landlord a mechanism to become a party.

Does this section require the landlord to be joined even if no one moves for it?

No. Joinder under this section depends on a motion, either the landlord's or the plaintiff's, followed by a court order on the terms.

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
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