The plaintiff may at any time dismiss his or her action as to any one or more of the defendants, and the jury or court may find any one or more of the defendants liable, and the others not liable, and the court shall thereupon enter judgment according to such finding.
9-115.Dismissal as to part.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-115 lets a plaintiff dismiss the eviction case against some defendants while continuing it against others, and lets the factfinder hold some defendants liable and others not.
Full Text of 735 ILCS 5/9-115
Plain-English Summary
The plaintiff can, at any point, dismiss the action against one or more defendants without ending the case against the rest.
At trial, the jury or the court can find some defendants liable and others not, and judgment follows that split finding for each defendant individually.
Frequently Asked Questions
Can a landlord drop an eviction case against one tenant while continuing it against a co-tenant?
Yes, the plaintiff may dismiss as to any one or more defendants at any time.
Can the outcome differ for different defendants in the same eviction case?
Yes, the jury or court can find some defendants liable and others not, and the judgment follows that finding for each.
Is there a deadline for dismissing against one defendant?
The text says "at any time," without a stated cutoff.
Does dismissing against one defendant end the whole case?
No, the case can continue against the remaining defendants.
How does this differ from Section 9-113's joinder rule?
Section 9-113 lets multiple occupants be joined into one action in the first place; this section lets the plaintiff later dismiss as to some of them, and lets liability be found individually.
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: dismiss eviction against one defendant illinoisco-tenant eviction illinoispartial dismissal eviction case illinois