Cal. Civ. Code § 9-112
Judgment for part of premises. If it shall appear that the plaintiff is entitled to the possession of only a part of the premises claimed, the judgment shall be entered for that part only and for costs, and for the residue defendant shall be dismissed
Operative Text
Judgment for part of premises. If it shall appear that the plaintiff is entitled to the possession of only a part of the premises claimed, the judgment shall be entered for that part only and for costs, and for the residue defendant shall be dismissed.
Under 735 Ill. Comp. Stat. 5 § 9-112, when a court in an Illinois eviction or possession proceeding finds that the party seeking possession has a valid claim to only a portion of the premises at issue, the court's judgment is limited to that portion alone. The defendant is dismissed from the case with respect to any part of the premises to which the plaintiff's claim does not hold up. This prevents an all-or-nothing outcome when the evidence supports only a partial recovery of the property.
Plain English — not legal advice.
Operators pursuing a possession action in Illinois under 735 Ill. Comp. Stat. 5 § 9-112 should be aware that courts will tailor judgments to match only the portion of premises to which a valid legal claim is established. A compliant operator typically ensures that the premises described in any eviction filing accurately reflect the specific areas over which a possessory right is being asserted. Overstating the scope of a claim can result in a partial dismissal and may affect cost recovery for the portions not awarded.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-112, tenants have a recognized right to remain in any portion of the premises for which the plaintiff cannot establish a valid claim to possession. If a landlord's eviction action covers more of the property than the evidence supports, a court is required to dismiss the case as to that remaining portion. Tenants facing a possession action may wish to consult a tenant-rights organization or legal aid provider to understand how this provision could apply to their circumstances.
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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