In any case relating to premises used for residence purposes, either party may demand trial by jury, notwithstanding any waiver of jury trial contained in any lease or contract.
9-108.Jury trial.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-108 preserves the right to a jury trial in cases about premises used for residence, even where the lease purports to waive it.
Full Text of 735 ILCS 5/9-108
Plain-English Summary
In any case relating to premises used for residence purposes, either party -- landlord or tenant -- may demand a trial by jury.
That right survives any waiver written into a lease or contract. A landlord can't draft the jury right away in a residential lease.
The guarantee is written narrowly, tied to premises used for residence. The section doesn't address jury-trial rights in cases involving other kinds of property.
Frequently Asked Questions
Can a landlord require a tenant to waive the right to a jury trial in a residential lease?
No -- despite any waiver clause in the lease, either party can still demand a jury trial in a case about residential premises.
Who can demand a jury trial under this section, the landlord or the tenant?
Either party.
Does this jury trial right apply to commercial property?
By its terms the section covers cases relating to premises used for residence purposes; it doesn't speak to other property types.
What if the lease has a jury-waiver clause?
It doesn't matter -- this section overrides any waiver contained in a lease or contract.
How does this jury right connect to what happens when a defendant doesn't appear?
It doesn't come into play in that scenario -- Section 9-109 lets the case proceed to trial without a jury when a duly summoned defendant fails to appear.
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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