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HomePA_104-0317

Eviction of Minors – What Illinois Landlords Must Know Under Public Act 104-0317

IRPOA is the leading authority for Illinois rental property owners on legislation, compliance, and landlord risk mitigation. This page explains how Public Act 104-0317 affects eviction filings and what landlords must do to avoid dismissal, sealing, and financial penalties.

At a glance

  • Law: Public Act 104-0317 (HB3566)
  • Topic: Eviction filings involving minors
  • Key rule: A minor may not be named as a defendant
  • Penalty: Mandatory dismissal, immediate sealing, and potential damages
  • Financial risk: $1,000 liquidated damages + attorney’s fees + actual damages

Can a landlord name a minor in an eviction complaint?

No. Under Public Act 104-0317, an eviction complaint may not name a minor (a person under 18 years of age) as a defendant unless that person has been legally emancipated under the Emancipation of Minors Act.

Why this law matters to Illinois landlords

This law creates a strict procedural requirement when filing eviction actions. If a minor is named as a defendant — even unintentionally — the consequences are immediate and severe.

Important: The court does not partially dismiss the case. If a minor is named, the entire eviction complaint is dismissed against all defendants.

What happens if a minor is named as a defendant?

If an eviction complaint names a defendant who is a minor at the time of filing:

  1. The complaint is dismissed in its entirety against all defendants.
  2. The eviction case is immediately sealed by the court.
  3. The landlord may refile against properly named defendants.
  4. No filing fees will be waived when refiling.

Penalties and landlord exposure

In addition to dismissal and sealing, a landlord who willfully and wantonly names a minor as a defendant may be liable for:

  • $1,000 in liquidated damages
  • Reasonable attorney’s fees
  • Actual damages, if any

In plain English

If you list a child on an eviction filing — even by mistake — your case will be thrown out, sealed, and you may have to start over at full cost. Always review the named defendants before filing.

IRPOA legislative insight

Landlord guidance: This law focuses on pleading accuracy, not intent.

IRPOA recommends that landlords and their attorneys confirm the age and legal status of all proposed defendants before filing an eviction action to avoid dismissal and unnecessary financial exposure. Eviction filings should list responsible parties by name as defendants. In addition, adding "and unknown occupants" will cover any other people who are living there.

How to avoid dismissal when filing an eviction

  1. Review all defendants.
    Confirm that no named defendant is under 18 years of age.
  2. Check emancipation status.
    Only include a minor if they have been legally emancipated.
  3. File against proper parties only.
    Name only adult tenants or other legally responsible parties.
  4. Refile correctly if dismissed.
    If dismissed, refile promptly with correct defendants and expect standard filing fees.

Frequently asked questions

Does this apply to all eviction cases?

Yes. Any eviction complaint filed in Illinois may not name a minor as a defendant unless the minor is legally emancipated.

What if the minor lives in the unit but is not on the lease?

The minor should not be named as a defendant. Eviction actions should be filed only against properly named adult parties.

Can the case be fixed without refiling?

No. The statute requires dismissal of the entire case. The action must be refiled against properly named defendants, and filing fees are not waived.