It is not necessary for the plaintiff to prove that the defendant was in possession of the premises, or claims title or interest therein at the time of bringing the action, or that the plaintiff demanded the possession of the premises, unless the defendant in his or her answer verified by affidavit specifically denies that he or she was in such possession, or claims title or interest therein, or that demand of possession was made.
6-118.Plaintiff's proof.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRelieves the plaintiff of any need to prove the defendant's possession, the defendant's claim of title or interest, or a demand for possession, unless the defendant's answer, verified by affidavit, specifically denies one of those facts.
Full Text of 735 ILCS 5/6-118
Plain-English Summary
This section builds directly on the limit 6-117 places on a general denial. Because a general denial cannot put the defendant's possession or claimed interest in issue, this section removes the plaintiff's burden to prove those facts as a default matter. The plaintiff need not prove that the defendant was in possession of the premises, or claims title or an interest in them, at the time the action was brought.
The same default extends to demand for possession: the plaintiff need not prove having demanded possession before suing, unless that fact too is specifically denied.
All of this changes only if the defendant's answer is verified by affidavit and specifically denies one of these facts: possession, a claim of title or interest, or the demand for possession. A specific, sworn denial shifts the issue back onto the plaintiff to prove, while an ordinary general denial under 6-117 leaves these particular facts unchallenged.
Frequently Asked Questions
What must the plaintiff prove about the defendant's possession by default?
Nothing. The plaintiff need not prove the defendant was in possession of the premises unless the defendant specifically denies it in a verified answer.
What triggers the plaintiff's obligation to prove these facts?
A verified answer, under oath by affidavit, in which the defendant specifically denies possession, a claim of title or interest, or the demand for possession.
Does a general denial under 6-117 trigger this proof requirement?
No. 6-117 bars a general denial from putting the defendant's possession or claimed interest in issue, so only a specific, verified denial shifts the burden under this section.
What is the third fact this section addresses, besides possession and claimed title?
Whether the plaintiff demanded possession of the premises before bringing the action.
Why require verification by affidavit for these specific denials?
The section does not explain its purpose, but requiring a sworn denial before shifting the burden discourages contesting these facts without a genuine basis.
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: verified answer ejectment illinoisburden of proof possession ejectmentspecific denial under oath ejectmentdemand for possession proof ejectment