Cal. Civ. Code § 9-107.5
Notice to unknown occupants
Operative Text
Notice to unknown occupants. (a) Service of process upon an unknown occupant may be had by delivering a copy of the summons and complaint naming "unknown occupants" to the tenant or any unknown occupant or person of the age of 13 or upwards occupying the premises. (b) If unknown occupants are not named in the initial summons and complaint and an eviction order in favor of the plaintiff is entered, but the order does not include unknown occupants and the sheriff determines when executing the eviction order that persons not included in the order are in possession of the premises, then the sheriff shall leave with a person of the age of 13 years or upwards occupying the premises, a copy of the order, or if no one is present in the premises to accept the order or refuses to accept the order, then by posting a copy of the order on the premises. In addition to leaving a copy of the order or posting of the order, the sheriff shall also leave or post a notice addressed to "unknown occupants" that states unless any unknown occupants file a written petition with the clerk that sets forth the unknown occupant's legal claim for possession within 7 days of the date the notice is posted or left with any unknown occupant, the unknown occupants shall be evicted from the premises. If any unknown occupants file such a petition, a hearing on the merits of the unknown occupant's petition shall be held by the court within 7 days of the filing of the petition with the clerk. The unknown occupants shall have the burden of proof in establishing a legal right to continued possession. (c) The plaintiff may obtain an eviction order only and not for rent as to any unknown occupants. (d) Nothing in this Section may be construed so as to vest any rights to persons who are criminal trespassers, nor may this Section be construed in any way that interferes with the ability of law enforcement officials removing persons or property from the premises when there is a criminal trespass.
Under 735 Ill. Comp. Stat. 5 § 9-107.5, Illinois law establishes a process for serving eviction-related court documents on occupants whose names are not known to the plaintiff. If an eviction order is entered without naming unknown occupants and the sheriff finds unidentified persons in the premises, those individuals must be given notice and a seven-day window to file a written petition asserting a legal claim to possession. A court hearing must then be held within seven days of that filing, with the unknown occupant bearing the burden of proving a legal right to remain. This section does not apply to criminal trespassers and does not limit law enforcement's authority to remove trespassers.
Plain English — not legal advice.
A landlord or property manager pursuing an eviction in Illinois should be aware that 735 Ill. Comp. Stat. 5 § 9-107.5 provides a mechanism for addressing occupants whose identities are unknown at the time of filing. Compliant operators typically name 'unknown occupants' in the initial summons and complaint to ensure any eviction order covers all persons in possession of the premises. If unknown occupants are omitted from the original filing and later discovered by the sheriff, the statute's notice and petition process is triggered, which can extend the timeline before full possession is recovered. Operators also note that any eviction order obtained against unknown occupants under this section covers possession only and cannot include a money judgment for rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are an occupant of a premises subject to an eviction proceeding in Illinois and were not named in the original lawsuit, 735 Ill. Comp. Stat. 5 § 9-107.5 provides a specific process that may apply to your situation. Under this provision, an unknown occupant who receives a posted or delivered notice from the sheriff has seven days to file a written petition with the court clerk asserting a legal claim to continued possession, after which a hearing must be held within seven days. Tenant-rights organizations and legal aid services in Illinois can help explain what types of legal claims may support such a petition and what the burden-of-proof standard means in practice. This section does not extend any protections to persons who are criminal trespassers.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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