2026-09-10 · Illinois · Legislation

What happened. HB 3566 was signed August 15, 2025 as Public Act 104-0317, effective January 1, 2026. It adds subsections (b) through (e) to 735 ILCS 5/9-106 and amends the sealing provision at 5/9-121.¹

The rule is short: an eviction complaint “may not name a minor as a defendant.” A “minor” is anyone under 18 unless emancipated under the Emancipation of Minors Act with the rights of a mature minor.

The consequence is total, not partial

This is the part that catches practitioners who assume a misjoined defendant is simply dropped. A complaint naming a minor at the time of filing “shall be dismissed in its entirety against all defendants,” and the dismissed action “shall be immediately sealed” under 9-121.

A minor “willfully and wantonly” named in violation is entitled to reasonable attorney's fees, actual damages, and $1,000 in liquidated damages.

The plaintiff may refile against properly named defendants — but on dismissal “the court may not waive any fees associated with refiling.” The statute forecloses the obvious mitigation.

Why this reaches associations, not just landlords

Illinois associations use the Eviction Article routinely. Section 9-102(a)(7) is the condominium ground: an association may sue a unit owner who fails to pay their proportionate share of common expenses, other lawfully agreed expenses, or any unpaid fine. That is a possession action, filed under the same Article this Act amends.

1. Public Act 104-0317 (HB 3566), full text, Illinois General Assembly ↩
2. HB 3566 bill status, Illinois General Assembly ↩