Cal. Civ. Code § 9-108
Jury trial. In any case relating to premises used for residence purposes, either party may demand trial by jury, notwithstanding any waiver of jury trial contained in any lease or contract
Operative Text
Jury trial. In any case relating to premises used for residence purposes, either party may demand trial by jury, notwithstanding any waiver of jury trial contained in any lease or contract.
Under 735 Ill. Comp. Stat. 5 § 9-108, when a court case involves residential premises in Illinois, both the landlord and the tenant retain the right to request a jury trial. This right holds even if a lease or other contract contains language purporting to waive it. In other words, a pre-dispute contractual waiver of jury trial cannot strip either party of this option in a residential case.
Plain English — not legal advice.
Operators of residential rental properties in Illinois should be aware that, under 735 Ill. Comp. Stat. 5 § 9-108, any lease clause waiving a tenant's right to a jury trial is unenforceable in cases involving residential premises. Compliant operators generally avoid including such waiver language in their leases, as it provides no legal protection and may create confusion. Understanding this limitation helps property managers set realistic expectations when residential disputes proceed to court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Illinois tenants have a statutory right under 735 Ill. Comp. Stat. 5 § 9-108 to demand a jury trial in any court case involving their residential premises, regardless of what their lease says about waiving that right. A lease clause that purports to take away this right is not enforceable under this provision. Tenants who encounter such a clause, or who are unsure how to assert this right in a pending case, may benefit from consulting a tenant-rights organization or legal aid service familiar with Illinois housing law.
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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