(a) On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons.
9-106.Pleadings and evidence.
Article IX. Eviction · Part 1. In General · Last amended 2026 · Last verified July 20, 2026
In one sentenceSection 9-106 sets how an eviction complaint gets filed, bars naming a minor as a defendant with a dismissal-and-damages remedy if that rule is broken, and limits the case to matters that bear on possession, though a rent claim can ride along.
Full Text of 735 ILCS 5/9-106
(b) A complaint may not name a minor as a defendant. As used in this Section, "minor" means a person under the age of 18, unless that person has been ordered emancipated under the Emancipation of Minors Act and has the rights and responsibilities of a mature minor under of the Emancipation of Minors Act.
(d) In addition to any other remedies available to the minor, a minor who is willfully and wantonly named as a defendant in violation of this Section is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000.
(e) Nothing in this Section prohibits a party from refiling an action against any defendants who otherwise may be properly named. Upon dismissing the case under this Section, the court may not waive any fees associated with refiling the action against defendants that are otherwise properly named.
(f) The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due.
Plain-English Summary
An eviction complaint gets filed in the circuit court of the county where the premises sit. It must state that the plaintiff is entitled to possession, describe the premises with reasonable certainty, name the defendant, and allege that the defendant unlawfully withholds possession. Once that's filed, the clerk issues summons.
A complaint can't name anyone under 18 as a defendant, unless that person has been emancipated under the Emancipation of Minors Act with a mature minor's rights and responsibilities. Naming a minor anyway is fatal to the whole case: the complaint is dismissed against every defendant it names, not just the minor, and the dismissed case is immediately sealed under Section 9-121. A minor willfully and wantonly named in violation of this rule can recover reasonable attorney's fees, actual damages, and $1,000 in liquidated damages. The plaintiff can refile against defendants who are otherwise properly named, but the court can't waive the fee for doing so.
Once the case proceeds, the defendant can raise any defense under a general denial. Beyond what Section 9-120 allows, matters that aren't germane to the distinct purpose of an eviction case can't come in through joinder, counterclaim, or otherwise. The one deliberate exception is rent: a claim for rent can be joined with the eviction complaint, and judgment can be entered for whatever amount is found due.
Frequently Asked Questions
Can a landlord name a minor child as a defendant in an Illinois eviction case?
No. A complaint can't name anyone under 18 as a defendant, unless that person has been emancipated with a mature minor's rights and responsibilities.
What happens if a minor is named as a defendant anyway?
The entire complaint is dismissed against every defendant it names, and the dismissed case is immediately sealed.
Is there a penalty for willfully naming a minor as a defendant?
Yes -- reasonable attorney's fees, actual damages, and $1,000 in liquidated damages.
Can the landlord refile the eviction case after it's dismissed for naming a minor?
Yes, against defendants who are otherwise properly named, but the court can't waive the fee for refiling.
Can a landlord add unrelated claims, like a dispute over a security deposit, to an eviction complaint?
No -- only matters germane to possession can come in, though a claim for rent is specifically allowed to be joined.
Amendment History
(Source: P.A. 104-317, eff. 1-1-26.)
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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