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HB 3566

EVICTION OF MINORS

104th Regular Session Introduced by Carol Ammons and 25 co-sponsors

Illinois bans naming anyone under 18 as a defendant in eviction actions; if named, the case must be dismissed and sealed, and the minor may recover fees, damages, and $1,000.

Public Act . . . . . . . . . 104-0317
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Bill Summary · HB 3566

HB 3566 — EVICTION OF MINORS (Public Act 104-0317)

Status: Enacted (Public Act 104-0317). Filed Feb 18/28, 2025; Passed both chambers May 22, 2025; Sent to Governor June 20, 2025; Approved Aug 15, 2025. Effective date: January 1, 2026.

Purpose

To restrict the practice of naming minors as defendants in eviction (forcible entry and detainer) actions, to require sealing of eviction records when such errors occur, and to authorize remedies for minors improperly named.

Key provisions

  • Amends Sections 9-106 and 9-121 of the Illinois Code of Civil Procedure (Eviction Article).
  • Prohibition on naming minors:
    • A complaint in an eviction action may not name a "minor" (a person under 18, unless emancipated under the Emancipation of Minors Act) as a defendant.
    • A complaint that names a defendant who is a minor at the time of filing OR who was a minor when the lease at issue was entered into must be dismissed in its entirety as to all defendants.
  • Sealing:
    • Any eviction action dismissed under this rule must be immediately sealed under Section 9-121.
    • Section 9-121 also permits discretionary sealing where an eviction action is without basis in fact or law, and already mandates sealing for certain other eviction-related actions (existing provision).
  • Remedies for minors:
    • A minor named as a defendant in violation of the section is entitled to reasonable attorney’s fees, actual damages, and liquidated damages of $1,000.
  • Refiling and fees:
    • The Act does not prohibit refiling the eviction against properly nameable defendants. However, after dismissal under this provision, the court may not waive fees associated with refiling against defendants who may properly be named.

Who is affected

  • Landlords, property managers, and eviction plaintiffs — must ensure defendants are proper adult parties before filing.
  • Tenants and household members who are minors — gain protection from being named in eviction suits and recoverable damages if improperly named.
  • Courts and clerks — must dismiss and seal specified filings and process fee/refiling matters accordingly.
  • Eviction attorneys — procedural practices will change to avoid naming minors.

Procedural/timeline notes

  • Effective January 1, 2026.
  • Adds an immediate sealing requirement for dismissals under the new subsection; Section 9-121’s broader sealing rule has been operative since Aug 1, 2022 but will apply to these newly mandated dismissals as of the Act’s effective date.

Related bill

  • Companion: SB 1549.

Compiled from official sources — confirm details with the bill’s official record.

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