New Illinois Law: Minors Cannot Be Named in Eviction Cases

Effective January 1, 2026, Illinois passed an important law to protect minors from being harmed by eviction court records. This law makes it clear that children cannot be named as defendants in eviction cases. If they are, the case must be dismissed and sealed. 

What This Law Is Fixing 

Before this law, some eviction cases listed children by name as defendants. Even though minors cannot sign leases, their names still ended up in court records. These records can follow someone for years and make it harder to find housing later. 

The new law puts a stop to that. 

Who Counts as a Minor? 

Under this law, a “minor” means a person who: 

• Was under 18 years old at the time the eviction case was filed, or 
• Was under 18 years old when the lease began 

If either of these is true, that person cannot be named in the eviction case. 

What Landlords Are Not Allowed to Do 

The law prohibits landlords from naming minors as defendants in eviction pleadings (the paperwork filed with the court). This includes listing a child in the case caption or anywhere else as a defendant. 

What Happens If a Minor Is Named Anyway? 

If a landlord names a minor in an eviction case: 

• The case must be dismissed against all defendants, not just the minor 
• The court must seal the case under Section 9-121(c), meaning it is hidden from public view 

Sealing is mandatory. The judge does not have a choice. 

Money Damages for the Minor 

If the tenant can show the landlord named the minor intentionally in an eviction, the minor who is named in violation of this law is entitled to: 

• Attorney’s fees 
• Actual damages (real harm caused) 
• Liquidated damages of $1,000 

This is meant to discourage landlords from breaking the rule and to compensate minors for the harm caused by being named. 

What About Refiling the Case? 

If the case is dismissed because a minor was named, the landlord may be allowed to refile the eviction correctly. However, the law allows court fees to be waived when the case is refiled. 

Why This Law Matters 

Eviction records can seriously harm someone’s future housing options. This law recognizes that children should not carry lifelong consequences for a case they had no legal control over. 

Bottom Line: If a landlord names a minor in an eviction case, the case must be dismissed and sealed. Children are protected, and landlords are responsible for following the rules.