2023 Illinois Compiled Statutes › Chapter 735 - CIVIL PROCEDURE › 735 ILCS 5/ - Code of Civil Procedure. › Article VI - Ejectment

(735 ILCS 5/Art. VI heading)
ARTICLE VI
EJECTMENT
(735 ILCS 5/6-101) (from Ch. 110, par. 6-101)
Sec. 6-101. 
		Bringing action. 
		An action of ejectment
may be brought in the cases and manner
heretofore accustomed, subject to the provisions contained in Article VI of this Act.
(Source: P.A. 82-280.)
(735 ILCS 5/6-102) (from Ch. 110, par. 6-102)
Sec. 6-102. 
		Interest in land. 
		It may also be brought to recover lands, tenements or
hereditaments, and by any person claiming an estate therein, in fee for
life or for years, whether as heir, legatee or purchaser.
(Source: P.A. 82-280.)
(735 ILCS 5/6-103) (from Ch. 110, par. 6-103)
Sec. 6-103. 
		Lessee of United States or of this State. 
		In all cases in which
any person has heretofore entered upon
and occupied or shall hereafter enter upon and occupy, any lands,
tenements or hereditaments within this state, by virtue of any lease or
permit from the United States or this state, such person, his, her or
their legatees, executors, administrators, heirs or assigns, may have
and maintain an action of ejectment
against any person who has or may enter upon such lands, tenements or
hereditaments without the consent of such lessee, his, her or their
legatees, executors, administrators, heirs or assigns, and proof of
the right of possession shall be
sufficient to authorize a recovery.
(Source: P.A. 83-707.)
(735 ILCS 5/6-104) (from Ch. 110, par. 6-104)
Sec. 6-104. 
		Interest of plaintiff. 
		No person shall recover in ejectment
unless he or she has, at the
time of commencing the action, a valid subsisting interest in the
premises claimed, and a right to recover the same, or to recover the
possession thereof, or of some share, interest or portion thereof, to be
proved and established at the trial.
(Source: P.A. 82-280.)
(735 ILCS 5/6-105) (from Ch. 110, par. 6-105)
Sec. 6-105. 
		Joinder of plaintiffs. 
		Any two or more persons claiming
the same premises as joint
tenants or tenants in common, may join in an action for the
recovery thereof, or any one may sue alone for his or her share.
(Source: P.A. 82-280.)
(735 ILCS 5/6-106) (from Ch. 110, par. 6-106)
Sec. 6-106. 
		Joinder of defendants. 
		If the premises for which the action
is brought are actually
occupied by any person, such actual occupant shall be named defendant in
the action; and all other persons claiming title or interest to or in the
same may also be joined as defendants.
(Source: P.A. 82-280.)
(735 ILCS 5/6-107) (from Ch. 110, par. 6-107)
Sec. 6-107. 
		Vacant land. 
		If the premises are not occupied, the action
shall be brought
against some person exercising ownership on the premises claimed,
or claiming title thereto, or some interest therein, at the commencement
of the action.
(Source: P.A. 82-280.)
(735 ILCS 5/6-108) (from Ch. 110, par. 6-108)
Sec. 6-108. 
		Pleading as in other civil cases. 
		The time of filing complaints
in actions of ejectment shall
be the same as in other civil cases; and the rules of pleading and
practice in other civil cases shall apply to actions of ejectment, so
far as they are applicable, and except as is otherwise provided by
Article VI of this Act.
(Source: P.A. 82-280.)
(735 ILCS 5/6-109) (from Ch. 110, par. 6-109)
Sec. 6-109. 
		Allegations in complaint. 
		It shall be sufficient for the
plaintiff to allege in the
complaint that (on some day therein to be specified, and which shall be
after his or her title accrued), he or she was possessed of the premises involved
(describing them as hereinafter provided), and, being so possessed
thereof, that the defendant afterwards (on some day to be stated)
entered into such premises, and that he or she unlawfully withholds from the
plaintiff the possession thereof, to his or her damage any nominal sum the
plaintiff deems proper to state.
(Source: P.A. 82-280.)
(735 ILCS 5/6-110) (from Ch. 110, par. 6-110)
Sec. 6-110. 
		Description of premises. 
		The premises so claimed shall
be described in such complaint
with convenient certainty, so that, from such description, possession of
the premises claimed may be delivered. If the plaintiff claims any
undivided share of interest in any premises, he or she shall state the same
particularly in the complaint; but the plaintiff, in any case, may
recover such part, share or interest in the premises as he or she shall appear
on the trial to be entitled to.
(Source: P.A. 82-280.)
(735 ILCS 5/6-111) (from Ch. 110, par. 6-111)
Sec. 6-111. 
		Interest claimed. 
		The plaintiff shall state whether he or she claims in
fee, or whether he or she claims for his or her own life, or the life of another, or
for a term of years, specifying such life or the duration of such term.
(Source: P.A. 82-280.)
(735 ILCS 5/6-112) (from Ch. 110, par. 6-112)
Sec. 6-112. 
		Limited to matters which are germane. 
		The complaint may
contain several counts, and several
parties may be named as plaintiffs, jointly in one count and separately
in others. Except as provided in this Article, no matters not germane to the
distinctive purpose of the action shall be introduced by joinder,
counterclaim or otherwise.
(Source: P.A. 82-280.)
(735 ILCS 5/6-113) (from Ch. 110, par. 6-113)
Sec. 6-113. 
		Summons as in other civil cases. 
		Summons shall be issued,
tested, served and returned as summons in other civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/6-114) (from Ch. 110, par. 6-114)
Sec. 6-114. 
		Notice to landlord. 
		Every tenant who is sued in ejectment by
any person other than his or her landlord, shall forthwith give notice thereof
to his or her landlord, or to his or her agent or attorney, under the penalty of
forfeiting 2 years' rent of the premises involved, or the value
thereof, to be recovered by such landlord by civil action.
(Source: P.A. 82-280.)
(735 ILCS 5/6-115) (from Ch. 110, par. 6-115)
Sec. 6-115. 
		Landlord as defendant. 
		The landlord, whose tenant is sued
in ejectment, may, upon
his or her own motion or that of the plaintiff, be made defendant in such
action, upon such terms as may be ordered by the court.
(Source: P.A. 82-280.)
(735 ILCS 5/6-116) (from Ch. 110, par. 6-116)
Sec. 6-116. 
		Pleading by defendant. 
		The defendant may file any appropriate
motion as in ordinary
civil cases, and may answer as hereinafter provided by way of general
denial, or specific denial or affirmative defense, and such motion or
answer shall constitute an appearance in the case.
(Source: P.A. 82-280.)
(735 ILCS 5/6-117) (from Ch. 110, par. 6-117)
Sec. 6-117. 
		General denial. 
		Under a general denial which alleges generally that the
defendant is not guilty of unlawfully withholding the premises claimed
by the plaintiff, the defendant may offer in evidence any matter that may
tend to defeat the plaintiff's action, except that it shall not put in
issue the possession of the premises by the defendant or that he or she claims
title or interest in the premises.
(Source: P.A. 82-280.)
(735 ILCS 5/6-118) (from Ch. 110, par. 6-118)
Sec. 6-118. 
		Plaintiff's proof. 
		It is not necessary for the plaintiff to prove that
the defendant was in possession of the premises, or claims title or
interest therein at the time of bringing the action, or that the plaintiff
demanded the possession of the premises, unless the defendant in
his or her answer verified by affidavit specifically denies that he or she was in such
possession, or claims title or interest therein, or that demand of
possession was made.
(Source: P.A. 82-280.)
(735 ILCS 5/6-119) (from Ch. 110, par. 6-119)
Sec. 6-119. 
		Plaintiff's proof - Continued. 
		It is not necessary for
the plaintiff to prove an
actual entry under title, nor the actual receipt of any of the profits
of the premises demanded; but it shall be sufficient for the plaintiff to prove a
right to the possession of such premises at the time of the commencement
of the action, as heir, legatee, purchaser or otherwise.
(Source: P.A. 82-280.)
(735 ILCS 5/6-120) (from Ch. 110, par. 6-120)
Sec. 6-120. 
		Evidence. 
		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.
(Source: P.A. 82-280.)
(735 ILCS 5/6-121) (from Ch. 110, par. 6-121)
Sec. 6-121. 
		Claim of title through common source. 
		If the plaintiff,
or his or her agent or attorney, states under
oath that he or she claims title through a common source with the defendant, it
is sufficient for the plaintiff to show title from such common
source, unless the defendant, or his or her agent or attorney, denies,
on oath, that he or she claims title through such source, or
swears that he or she claims title through some other source.
(Source: P.A. 82-280.)
(735 ILCS 5/6-122) (from Ch. 110, par. 6-122)
Sec. 6-122. 
		Action against co-tenants. 
		If the action is brought by
one or more tenants in common,
or joint tenants against their co-tenants, the plaintiff, in addition to
all other evidence which he or she may be bound to introduce, shall be required to
prove, on the trial of the cause, that the defendant actually ousted
the plaintiff, or did some other act amounting to a total denial of his
or her right as such co-tenant.
(Source: P.A. 82-280.)
(735 ILCS 5/6-123) (from Ch. 110, par. 6-123)
Sec. 6-123. 
		Proof of interest. 
		It is not an objection to a recovery in an action of
ejectment that any one of several plaintiffs do not prove any interest
in the premises claimed, but those entitled shall have judgment,
according to their rights, for the whole or such part or portion as he, she
or they might have recovered if he, she or they had sued in his, her or their name
or names only.
(Source: P.A. 82-280.)
(735 ILCS 5/6-124) (from Ch. 110, par. 6-124)
Sec. 6-124. 
		Action against several. 
		If the action is against several,
and the plaintiff is
entitled to recover, he or she shall recover against all who are in joint
possession or claim the title, whether they have pleaded
separately or jointly.
(Source: P.A. 82-280.)
(735 ILCS 5/6-125) (from Ch. 110, par. 6-125)
Sec. 6-125. 
		Proof of occupancy. 
		When the action is against several
defendants, if it is proved
on the trial that any of them occupy distinct parcels in severalty or
jointly, the plaintiff shall elect, at the trial, against which he or she will
proceed; and such election shall be made before the evidence in the action
is closed, and the action shall be dismissed as to the
defendants not so proceeded against.
(Source: P.A. 82-280.)
(735 ILCS 5/6-126) (from Ch. 110, par. 6-126)
Sec. 6-126. 
		Specificity of verdict. 
		In the following cases, if tried
by a jury, the verdict
shall be rendered as follows:
1.  If it is proved on the trial that all the plaintiffs have a
right to recover the possession of the premises, the verdict
shall be for the plaintiffs generally.
2.  If it is proved that one or more of the plaintiffs has a right
to the possession of the premises, and that one or more does not have
such right, the verdict shall specify for which plaintiff the jury finds, and
as to which plaintiff the jury finds for the defendant.
3.  If the verdict is for any plaintiff, and there are several
defendants, the verdict shall be rendered against such of them as were
in possession of the premises or as claimed title thereto at the
commencement of the action.
4. If the verdict is for all the premises claimed, as specified
in the complaint, it shall, in that respect, be for such premises
generally.
5. If the verdict is for a part of the premises described in such
complaint, the verdict shall particularly specify such part, as the same
was proved, with the same certainty hereinbefore required in
the description of the premises claimed.
6. If the verdict is for an undivided share or interest in the
premises claimed, it shall specify such share or interest; and if for an
undivided share in a part of the premises claimed, it shall specify such
share, and shall describe such part of the premises as hereinbefore
required.
The verdict shall also specify the estate which has
been established on the trial, by the plaintiff in whose favor it is
rendered, whether such estate is in fee or for his or her own life or for
the life of another, stating such lives, or whether it is for a term of
years, and specifying the duration of such term.
(Source: P.A. 82-280.)
(735 ILCS 5/6-127) (from Ch. 110, par. 6-127)
Sec. 6-127. 
		
		Expiration of plaintiff's right or termination of plaintiff's
title before trial. If the right of a plaintiff in ejectment expires or
the plaintiff's title terminates
after the commencement of the action, but before trial, the verdict, if
tried by a jury, shall be returned according to the fact, and judgment
shall be entered that the plaintiff recover his or her damages by reason of the
withholding of the premises, by the defendant, to be assessed, and that
as to the premises claimed, the action shall be dismissed; and such
damages may be thereupon assessed by the court or jury trying the case.
(Source: P.A. 82-280.)
(735 ILCS 5/6-128) (from Ch. 110, par. 6-128)
Sec. 6-128. 
		Suggestion of death. 
		If there are several plaintiffs in an
action of ejectment,
and any of them die before final judgment, the death of such party may
be suggested of record, and the executor, administrator, heir or legatee
of the deceased
party shall be allowed to proceed with the action jointly with the survivor,
in the same manner as if he or she had originally joined with him or her in commencing
the action.
(Source: P.A. 83-707.)
(735 ILCS 5/6-129) (from Ch. 110, par. 6-129)
Sec. 6-129. 
		Judgment. 
		In cases where no other provision is made, the judgment in
the action, if the plaintiff prevails, shall be that the plaintiff
recover the possession of the premises, according to the verdict of the
jury, if there was such a verdict, or the finding of the court, if the
case is tried without a jury, or
according to the description thereof in the complaint, with costs to be
taxed, if the judgment is by default.
(Source: P.A. 82-280.)
(735 ILCS 5/6-130) (from Ch. 110, par. 6-130)
Sec. 6-130. 
		Recovery of rents and profits. 
		The plaintiff recovering
judgment in ejectment in any of the
cases in which such action may be maintained, shall also be entitled to
recover damages against the defendant for the rents and profits of the
premises recovered.
(Source: P.A. 82-280.)
(735 ILCS 5/6-131) (from Ch. 110, par. 6-131)
Sec. 6-131. 
		Conclusiveness of judgment. 
		Every judgment in the action
of ejectment shall be
conclusive as to the title established in such action upon the party
against whom the same is rendered, and against all persons claiming
from, through or under such party, by title accruing after the
commencement of such action, subject to the exceptions hereinafter
named.
(Source: P.A. 82-280.)
(735 ILCS 5/6-132) (from Ch. 110, par. 6-132)
Sec. 6-132. 
		New trial as in other civil cases. 
		The court may grant
a new trial before or after final
judgment, as in other civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/6-133) (from Ch. 110, par. 6-133)
Sec. 6-133. 
		Petition for damages. 
		Instead of a separate action for
the recovery of mesne
profits, the plaintiff seeking to recover such damages shall, within one
year after the entering of the judgment, file a petition in the
ejectment action.
(Source: P.A. 82-280.)
(735 ILCS 5/6-134) (from Ch. 110, par. 6-134)
Sec. 6-134. 
		Petition stands as complaint. 
		Such petition shall be substantially
in the same form as
is now in use in other civil cases for complaints and the same rules of
pleading  shall be observed as in other civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/6-135) (from Ch. 110, par. 6-135)
Sec. 6-135. 
		Service of copy of petition. 
		Upon the filing of such petition,
the defendant shall be
served with a copy thereof.
(Source: P.A. 82-280.)
(735 ILCS 5/6-136) (from Ch. 110, par. 6-136)
Sec. 6-136. 
		Pleadings. 
		The pleadings following the filing of the petition and
the proceedings thereon shall be the same as in ordinary civil actions,
but no matters shall be pleaded or presented which were or might have
been denied in such action of ejectment.  The defendant may plead
a recovery by such defendant, or any other person, of the same premises,
or of part thereof, subsequent to the verdict of the jury if tried by a
jury, or to the finding of the court if tried without a jury, in such
action of ejectment, in bar or in mitigation of the damages claimed by
the plaintiff.
(Source: P.A. 82-280.)
(735 ILCS 5/6-137) (from Ch. 110, par. 6-137)
Sec. 6-137. 
		Issue of fact on petition. 
		If any issue of fact is presented
on such petition, it shall
be tried as in other civil cases; and if such issue is found for the
plaintiff, or if demand for trial by jury has been made in accordance with
law, a jury may assess damages in the amount of the mesne profits
received by the defendant since he or she entered into possession of the
premises, subject to the restrictions  contained in Article VI of this Act.
(Source: P.A. 84-1043.)
(735 ILCS 5/6-138) (from Ch. 110, par. 6-138)
Sec. 6-138. 
		Extent of recovery. 
		On the trial of such issue, the plaintiff
is required
to establish and the defendant may deny, the time when such
defendant entered into the possession of the premises, the time during
which he or she enjoyed the mesne profits thereof, and the value of such
profits; and the record of the recovery in the action of ejectment shall
not be evidence of such time. On such trial, the defendant shall have
the same right to set off any improvements made on the premises, to the
amount of the plaintiff's claim, as is now or shall hereafter be judicially allowed;
and in estimating the plaintiff's damages, the value of the use
by the defendant of any improvements made by him or her shall not be allowed to
the plaintiff.
(Source: P.A. 83-707.)
(735 ILCS 5/6-139) (from Ch. 110, par. 6-139)
Sec. 6-139. 
		Death of plaintiff. 
		If the plaintiff in ejectment dies after
issue joined or judgment entered therein, the decedent's personal representatives
may offer a suggestion of such death, of the granting of letters of office
to them, and may claim their right
to the mesne profits of the premises recovered, in the same manner, and
with the like effect, as the decedent; and the same proceedings
shall in
all respects be had thereon.
(Source: P.A. 83-707.)
(735 ILCS 5/6-140) (from Ch. 110, par. 6-140)
Sec. 6-140. 
		When mesne profits not recoverable. 
		Every person who is
hereafter evicted from any land for
which he or she can show a plain, clear and connected title deduced from the
record of some public office, without actual notice of an adverse title
in like manner derived from record, shall be exempt and free from all
and every species of action, process or prosecution for or on account of
any rents, profits, or damages, which have been done, accrued
or incurred at any time prior to receipt of actual notice of the adverse
claim by which the eviction may be effected, provided such person
obtained peaceable possession of the land.
(Source: P.A. 82-280.)
(735 ILCS 5/6-141) (from Ch. 110, par. 6-141)
Sec. 6-141. 
		Notice of adverse claim. 
		Notice of any adverse claim or title
to the land within
the meaning of this Article is to be given by bringing an action for
the same, by the one or the other of the parties, and may hereafter be
given by bringing an action, as above provided, or by delivering an attested
copy of the entry, survey or patent, from which he or she derives his or
her title or claim, or leaving any such copy with the party or the
spouse of such party.  Notice given by the delivery of an attested copy,
as above set out, is void, unless an action is filed within one year
thereafter.  In no case shall the proprietor of the better title be
obliged to pay to the occupying claimant, for improvements made after
notice, more than what is equal to the rents and profits above set forth.
(Source: P.A. 82-280.)
(735 ILCS 5/6-142) (from Ch. 110, par. 6-142)
Sec. 6-142. 
		Notice to occupying claimant. 
		Notice to any occupying claimant
shall bind all those
claiming from, by or through such occupying claimant, to the extent of
such claim.
(Source: P.A. 82-280.)
(735 ILCS 5/6-149) (from Ch. 110, par. 6-149)
Sec. 6-149. 
		Stay of waste - Security. 
		Nothing herein contained shall
be construed so as to
prevent any court from entering an order to stay waste, and ordering a
party to give bond and security in such manner as the court may deem
appropriate.
(Source: P.A. 82-280.)
(735 ILCS 5/6-150) (from Ch. 110, par. 6-150)
Sec. 6-150. 
		Abolition of common law fictions. 
		The following common
law fictions are abolished:
(1) The use of fictitious names of plaintiffs or defendants and of the
names of any other than the real claimants and the real defendants, and
the statements of any lease or demise to the plaintiff, and of an ejectment by a
casual or nominal ejector.
(2) The consent rule.
(Source: P.A. 82-280.)