It is not necessary on the trial for the defendant to admit, nor for the plaintiff to prove lease, entry and ouster, or either of them, except in actions by one or more tenants in common, or joint tenants against their co- tenants; but this section shall not be construed to impair, nor in any way to affect, any of the rules of evidence now in force in regard to the maintenance and defense of the action.
6-120.Evidence.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExcuses the defendant from admitting, and the plaintiff from proving, lease, entry, and ouster at trial, except in actions between co-tenants or joint tenants, and clarifies that this rule does not otherwise change existing rules of evidence.
Full Text of 735 ILCS 5/6-120
Plain-English Summary
Traditional ejectment practice sometimes required proof of a fictional lease, entry, and ouster as part of establishing the action. This section eliminates that requirement for most ejectment cases: at trial, the defendant need not admit, and the plaintiff need not prove, lease, entry, and ouster, or any of them.
An exception applies to actions between co-tenants: where one or more tenants in common, or joint tenants, sue their own co-tenants, this shortcut does not apply. 6-122 supplies the specific proof a co-tenant plaintiff must offer instead, namely an actual ouster or some other act amounting to a total denial of the plaintiff's rights as co-tenant.
The section closes with a safeguard against overreading its own effect: it shall not be construed to impair or otherwise affect any of the rules of evidence currently in force regarding the maintenance and defense of an ejectment action. This section removes one specific set of proof burdens; it does not rewrite the general law of evidence that otherwise applies to the case.
Frequently Asked Questions
What proof does this section remove from most ejectment trials?
The plaintiff need not prove, and the defendant need not admit, lease, entry, and ouster, or any of them.
Does this rule apply to every ejectment action?
No. It does not apply in actions by one or more tenants in common, or joint tenants, against their co-tenants.
What must a co-tenant plaintiff prove instead?
6-122 requires proof that the defendant ousted the plaintiff, or did some other act amounting to a total denial of the plaintiff's rights as co-tenant.
Does this section change the general rules of evidence in ejectment cases?
No. The section expressly states it does not impair or affect the existing rules of evidence governing the maintenance and defense of the action.
Why single out co-tenant actions for different treatment?
The section does not explain its reasoning, but a co-tenant already has a right to possession, so proof of an actual ouster or similar act is needed to show the co-tenant's right was denied.
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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