Cal. Civ. Code § 9-113
Joinder of several tenants. Whenever there is one lease for the whole of certain premises, and the actual possession thereof, at the time of the filing of the action, is divided in severalty among persons with, or other than the lessee, in one or more portions or parcels, separately or severally held or occupied, all or so many of such persons, with the lessee, as the plaintiff may elect, may be joined as defendants in one action, and the recovery against them, with costs, shall be several, according as their actual holdings are judicially determined
Operative Text
Joinder of several tenants. Whenever there is one lease for the whole of certain premises, and the actual possession thereof, at the time of the filing of the action, is divided in severalty among persons with, or other than the lessee, in one or more portions or parcels, separately or severally held or occupied, all or so many of such persons, with the lessee, as the plaintiff may elect, may be joined as defendants in one action, and the recovery against them, with costs, shall be several, according as their actual holdings are judicially determined.
Under 735 Ill. Comp. Stat. 5 § 9-113, when a single lease covers an entire property but multiple people are actually occupying separate portions of that property at the time a lawsuit is filed, all of those occupants — along with the original lessee — can be named together as defendants in one legal action. The court then determines each person's actual holdings individually, and any judgment or cost award is applied separately to each defendant based on what they actually possess. This procedural rule is designed to allow one consolidated case rather than requiring separate lawsuits for each occupant.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-113, a property owner or manager dealing with a single-lease property where possession has been divided among multiple occupants generally has the option to bring one action naming all relevant parties rather than filing multiple separate proceedings. Compliant operators typically document who is actually occupying which portion of the premises at the time the action is filed, since the court will make individual determinations about each occupant's holdings. Keeping clear records of occupancy arrangements and any subletting or informal divisions of the space supports the ability to use this joinder procedure effectively.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are occupying a portion of a property covered by a single lease — whether as the original lessee or as someone else in possession of a separate parcel — 735 Ill. Comp. Stat. 5 § 9-113 means you could be named as a defendant in the same eviction or possession action as other occupants of that property. Because any recovery is determined separately based on each person's actual holdings, your individual circumstances are assessed on their own merits within the shared proceeding. Tenants in this situation may benefit from consulting a tenant-rights organization or legal aid provider to understand how this procedural rule applies to their particular occupancy arrangement.
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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