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IL HB3566

IL HB3566
EVICTION OF MINORS


summary

Introduced
02/07/2025
In Committee
05/07/2025
Crossed Over
04/10/2025
Passed
08/15/2025
Dead
Signed/Enacted/Adopted
08/15/2025

Introduced Session

104th General Assembly

Bill Summary

Amends the Eviction Article of the Code of Civil Procedure. Requires dismissal of a complaint in its entirety against all defendants if the complaint names a defendant who is a minor at the time of filing or was a minor at the time that the lease agreement at issue was entered. Provides that such an action shall be immediately sealed. Provides that, in addition to any other remedies available to the minor, a minor named as a defendant in violation of the Act is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000. Provides that nothing in the Act prohibits a party from refiling an action against any defendants who otherwise may be properly named. Provides that, upon dismissing the case, the court may not waive any fees associated with refiling the action against defendants otherwise properly named.

AI Summary

This bill amends the Illinois Code of Civil Procedure to prohibit filing eviction complaints against minors, providing significant protections for individuals under 18 years old. The bill defines a minor as someone under 18 who has not been legally emancipated, and mandates that any eviction complaint naming a minor must be completely dismissed and immediately sealed by the court. If a minor is wrongfully named in an eviction complaint, they are entitled to receive reasonable attorney's fees, actual damages, and $1,000 in liquidated damages. The bill allows plaintiffs to refile the eviction action against defendants who can be legally named, but prevents the court from waiving any refiling fees. This legislation appears designed to protect minors from being directly involved in legal proceedings related to housing disputes, recognizing that they typically lack the legal capacity to enter into binding lease agreements or be held responsible for tenancy issues. The bill ensures that any legal action involving a minor's housing situation must be pursued through appropriate legal guardians or representatives.

Committee Categories

Housing and Urban Affairs, Justice

Sponsors (28)

Last Action

Public Act . . . . . . . . . 104-0317 (on 08/15/2025)

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