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Illinois Compiled Statutes

735 ILCS 5/9-106 (2026)

Pleadings and evidence

✓ current as of May 2026
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(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
    Sec. 9-106. Pleadings and evidence.
    (a) On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons.
    (b) A complaint may not name a minor as a defendant. As used in this Section, "minor" means a person under the age of 18, unless that person has been ordered emancipated under the Emancipation of Minors Act and has the rights and responsibilities of a mature minor under of the Emancipation of Minors Act.
    (c) A complaint that names a defendant who is a minor at the time of filing shall be dismissed in its entirety against all defendants. Any action dismissed under this Section shall be immediately sealed under Section 9-121.
    (d) In addition to any other remedies available to the minor, a minor who is willfully and wantonly named as a defendant in violation of this Section is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000.
    (e) Nothing in this Section prohibits a party from refiling an action against any defendants who otherwise may be properly named. Upon dismissing the case under this Section, the court may not waive any fees associated with refiling the action against defendants that are otherwise properly named.
    (f) The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due.
(Source: P.A. 104-317, eff. 1-1-26.)

    
Notes of Decisions
Cited in 45 cases (17 in the last 5 years), 1997–2026 · leading case: Teton, Tack & Feed, LLC v. Jimenez, 2016 IL App (1st) 150584 (Ill. App. Ct. 2016).
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Teton, Tack & Feed, LLC v. Jimenez, 2016 IL App (1st) 150584 (Ill. App. Ct. 2016). · cites it 2× “1 Accordingly, this court has jurisdiction pursuant to Illinois Supreme Court Rule 304(a) (eff. Feb. 26, 2010).”
Spanish Court Two Condo. Ass'n v. Carlson, 2012 IL App (2d) 110473 (Ill. App. Ct. 2012). · cites it 4× “3d 1047 (1990), plaintiff argued that defendant’s affirmative defenses and counterclaim were disallowed by section 9-106 of the Forcible Entry Act (735 ILCS 5/9-106 (West 2010)) because they were “not germane to the distinctive purpose of the proceedings,” as that section…”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). · cites it 5× “” 735 ILCS 5/9-106 (West 2008). Historically, the “distinctive purpose” of a forcible proceeding was to gain possession of property unlawfully withheld.”
Gold Realty Grp. Corp. v. Kismet Café, Inc., 832 N.E.2d 403 (Ill. App. Ct. 2005). “See 735 ILCS 5/9-106 (West 2002). Even if we should find this to be an overly generous reading of the pleadings, I can find no basis to conclude that the trial court erred in ruling on the plaintiff's motion for summary judgment where the motion was based on the lease attached…”
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). · cites it 3× “” 735 ILCS 5/9-106 (West 2008). Historically, the “distinctive purpose” of a forcible proceeding was to gain possession of property unlawfully withheld.”
Granville Tower Condo. Ass'n v. Escobar, 2022 IL App (1st) 200362 (Ill. App. Ct. 2022). “735 ILCS 5/9-106 (West 2016). Historically, this “distinctive purpose” was to gain possession of property unlawfully withheld, but it has been expanded to encompass certain claims for money judgments as authorized by statute.”
Wells Fargo Bank v. Watson, 2012 IL App (3d) 110930 (Ill. App. Ct. 2012). “3d at 861 ; 735 ILCS 5/9-106 (West 2010) (except as otherwise provided, matters not -4- germane to the issue of possession may not be introduced into a forcible entry and detainer action by joinder, counterclaim or otherwise).”
Milton v. Therra, 2018 IL App (1st) 171392 (Ill. App. Ct. 2018). “" 735 ILCS 5/9-106 (West 2016). Our supreme court has defined "germane" to mean closely allied, related, or connected.”
Milsap v. Habitat Co. LLC, 708 F. App'x 884 (7th Cir. 2018). · cites it 2× “See 735 ILCS 5/9-106; Am. Nat’l Bank, 229 Ill.”
Campana Redevelopment, LLC v. Ashland Grp., LLC, 2013 IL App (2d) 120988 (Ill. App. Ct. 2013). “” 735 ILCS 5/9-106 (West 2010). Claims that are germane to the issue of possession generally fall into one of four categories: (1) claims asserting a paramount right to possession; (2) claims denying a breach of the agreement on which the plaintiff bases the right to possession;…”
Milton v. Thera, 2018 IL App (1st) 171392 (Ill. App. Ct. 2018). “” 735 ILCS 5/9-106 (West 2016). Our supreme court has defined “germane” to mean closely allied, related, or connected.”
100 Roberts Road Bus. Condo. Ass'n v. Khalaf, 2013 IL App (1st) 120461 (Ill. App. Ct. 2013). “” 735 ILCS 5/9-106 (West 2008). Accordingly, only matters germane to the distinctive purpose of a forcible entry claim may be introduced by the defendant through affirmative defenses, counterclaims or otherwise.”
Show all 45 citing cases →
— 735 ILCS 5/9-106(a) — 3 cases
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “” 735 ILCS 5/9-106 (West 2008). Historically, the “distinctive purpose” of a forcible proceeding was to gain possession of property unlawfully withheld.”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “” 735 ILCS 5/9-106 (West 2008). Historically, the “distinctive purpose” of a forcible proceeding was to gain possession of property unlawfully withheld.”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014).
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