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IL SB2265

IL SB2265
EVICTION OF MINORS


summary

Introduced
02/07/2025
In Committee
04/11/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
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 provide protections for minors in eviction proceedings. The bill prohibits filing an eviction complaint against a minor, defining a minor as someone under 18 years old who has not been legally emancipated. If a complaint is filed that names a minor as a defendant (either at the time of filing or at the time the lease was originally signed), the entire complaint must be dismissed and immediately sealed by the court. The bill provides additional remedies for minors who are improperly named in an eviction action, including the right to receive reasonable attorney's fees, actual damages, and $1,000 in liquidated damages. Importantly, the bill allows the plaintiff to refile the eviction action against defendants who can be properly named, but stipulates that the court cannot waive the filing fees associated with the new action. This legislation appears designed to protect minors from being directly involved in legal proceedings related to housing disputes, ensuring they are not held legally responsible for lease agreements or eviction actions entered into before reaching adulthood.

Committee Categories

Justice

Sponsors (7)

Last Action

Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments (on 04/11/2025)

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