Whenever there is one lease for the whole of certain premises, and the actual possession thereof, at the time of the filing of the action, is divided in severalty among persons with, or other than the lessee, in one or more portions or parcels, separately or severally held or occupied, all or so many of such persons, with the lessee, as the plaintiff may elect, may be joined as defendants in one action, and the recovery against them, with costs, shall be several, according as their actual holdings are judicially determined.
9-113.Joinder of several tenants.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-113 lets a landlord join multiple occupants who have divided up possession of premises under a single lease into one eviction action, with recovery against each running separately according to what the court finds each one holds.
Full Text of 735 ILCS 5/9-113
Plain-English Summary
The scenario: one lease covers the whole premises, but by the time the eviction action is filed, actual possession has split among several people -- the lessee, others, or both -- each holding separate portions or parcels.
The plaintiff can choose to join all, or as many as the plaintiff elects, of those occupants, along with the lessee, as defendants in a single action. Recovery against them, including costs, is several -- tied to whatever portion the court determines each defendant holds.
Frequently Asked Questions
Can a landlord sue multiple occupants who've split up one leased space in a single eviction case?
Yes, this section lets the plaintiff join all or as many of them, along with the original lessee, as defendants in one action.
Does the landlord have to sue every occupant, or can some be left out?
The plaintiff elects how many to join.
If several defendants are joined, does the court enter one judgment against all of them together?
No, recovery against them is several, based on each person's actual holding as judicially determined.
What triggers this joinder rule?
A single lease for the whole premises where actual possession, at the time the action is filed, has become divided in severalty among different occupants.
Does this section cover costs too?
Yes, costs against each defendant follow the same several recovery rule.
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: joining multiple tenants eviction illinoissubtenant eviction illinoismultiple occupants one lease eviction