| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/Art. IX Pt. 3
(735 ILCS 5/Art. IX Pt. 3 heading)
Part 3.
Distress for Rent
|
735 ILCS 5/9-301
(735 ILCS 5/9-301) (from Ch. 110, par. 9-301)
Sec. 9-301.
Property subject to distraint.
In all cases of distress
for rent, the landlord, by himself or herself,
his or her agent or attorney, may seize for rent any personal property of his or her
tenant that may be found in the county where such tenant resides,
and in no case shall the property of any other person, although the same
may be found on the premises, be liable to seizure for rent due from
such tenant.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-302
(735 ILCS 5/9-302) (from Ch. 110, par. 9-302)
Sec. 9-302.
Filing of distress warrant with inventory.
The person making
such distress shall immediately file with
the clerk of the circuit court a copy of the distress warrant, together
with an inventory of the property levied upon.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-303
(735 ILCS 5/9-303) (from Ch. 110, par. 9-303)
Sec. 9-303.
Summons and return.
Upon the filing of such copy of distress warrant and
inventory, the clerk shall issue a summons against the party against
whom the distress warrant has been issued, returnable as summons in other civil cases.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-304
(735 ILCS 5/9-304) (from Ch. 110, par. 9-304)
Sec. 9-304.
Notice to non-residents.
When it appears, by affidavit filed
in the court where such
proceeding is pending, that the defendant is a nonresident or has
departed from this state, or on due inquiry cannot be found, or is
concealed within this state, and the affiant states the place of
residence of the defendant, if known, and if not known, that upon
diligent inquiry he or she has not been able to ascertain the same, notice may
be given as in attachment cases.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-305
(735 ILCS 5/9-305) (from Ch. 110, par. 9-305)
Sec. 9-305.
Proceedings - Pleading.
The action shall thereafter proceed
in the same manner as in
case of attachment before the court. It shall not be necessary for the
plaintiff in any case to file a complaint, but the distress warrant
shall stand as a complaint and shall be amendable, as complaints in other civil cases,
but no such amendment shall in any way affect any liabilities that
have accrued in the execution of such warrant.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-306
(735 ILCS 5/9-306) (from Ch. 110, par. 9-306)
Sec. 9-306.
Counterclaim - Defenses.
The defendant may file a counterclaim as in
other civil actions or other defense which would have been proper if the
action had been for the rent, and with like effect.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-307
(735 ILCS 5/9-307) (from Ch. 110, par. 9-307)
Sec. 9-307.
Judgment for plaintiff.
If the plaintiff recovers, judgment shall be
entered in favor of plaintiff, for the amount which the court finds to be
due the plaintiff.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-308
(735 ILCS 5/9-308) (from Ch. 110, par. 9-308)
Sec. 9-308.
Effect of judgment against defendant.
After the defendant is
served with process or appears in
the action, the judgment shall have the same force and effect as if served by
summons, and the judgment may be enforced, not only
against the property distrained, but also against the other property of
the defendant. But the property distrained, if the same has not been
replevied or released from seizure, shall be first sold.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-309
(735 ILCS 5/9-309) (from Ch. 110, par. 9-309)
Sec. 9-309.
Judgment by default.
When publication of notice, as provided
by law, but the defendant is not served with process and does not
appear, judgment by default may be entered, and the plaintiff may
recover the amount due him or her for rent at the time of issuing the distress
warrant, and enforcement may be had against the property
distrained, but no enforcement may be had against any other property of
the defendant.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-310
(735 ILCS 5/9-310) (from Ch. 110, par. 9-310)
Sec. 9-310.
Judgment in favor of defendant - Counterclaim.
If the judgment
is in favor of the defendant, the defendant shall
recover costs and judgment shall be entered for the return to the defendant
of the property distrained,
unless the same has been replevied or released from such distress.
If a counterclaim is interposed, and it is determined by the court that a balance is due
from the plaintiff to the defendant, judgment shall be entered in favor
of the defendant.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-311
(735 ILCS 5/9-311) (from Ch. 110, par. 9-311)
Sec. 9-311.
Bond for release of property.
When any distress warrant is
levied, the person whose
property is distrained, may release the same by entering into bond in
double the amount of the rent claimed, payable to the landlord, with
sufficient sureties, to be approved by the person making the levy, if
the bond is tendered before the filing of a copy of the warrant, as
provided in Part 3 of Article IX of this Act, or if after,
by the clerk of the court in which
the action is pending, conditioned to pay whatever judgment the landlord
may recover in the action, with costs of the action. If the bond is taken before
the filing of a copy of the distress warrant, such bond shall be filed
therewith, and if taken after the filing of a copy of the distress
warrant, it shall be filed in the office of the clerk of the court where
the action is pending.
(Source: P.A. 83-707.)
|
735 ILCS 5/9-312
(735 ILCS 5/9-312) (from Ch. 110, par. 9-312)
Sec. 9-312.
Perishable property.
If any property distrained is of a
perishable nature and in
danger of immediate waste or decay, and is not replevied or bonded, the
landlord or his or her agent or attorney may, upon giving notice to the
defendant or his or her attorney, or if
neither can be found, without any notice, apply to the court in which
the action is pending describing the property, and showing that it is so
in danger, and if the court is satisfied that the property is of a
perishable nature and in danger of immediate waste or decay, and if the
defendant or his or her attorney is not served with notice, or does not appear,
that neither the defendant nor the attorney can be found, the court may
enter an order to
the person having possession of the property, directing the sale thereof
upon such time and notice, terms and conditions as the court shall
deem for the best interests of the parties concerned. The money resulting
from such sale shall be deposited with the clerk of the court in which
the action is pending, there to abide the event of the action.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-313
(735 ILCS 5/9-313) (from Ch. 110, par. 9-313)
Sec. 9-313.
Limitation.
The right of the landlord to distrain the personal goods of
the tenant, shall continue for the period of 6 months after the
expiration of the term for which the premises were demised or the
tenancy is terminated.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-314
(735 ILCS 5/9-314) (from Ch. 110, par. 9-314)
Sec. 9-314.
Distress for products and labor.
When the rent is payable
wholly or in part in specific
articles of property or products of the premises, or labor, the landlord
may distrain for the value of such articles, products or labor.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-315
(735 ILCS 5/9-315) (from Ch. 110, par. 9-315)
Sec. 9-315.
Exemption.
The same articles of personal property which are, by law,
exempt from the enforcement of a judgment thereon, except
the crops grown or growing upon the
demised premises, shall also be exempt from distress for rent.
(Source: P.A. 83-707.)
|
735 ILCS 5/9-316
(735 ILCS 5/9-316) (from Ch. 110, par. 9-316)
Sec. 9-316.
Lien upon crops.
Every landlord shall have a lien upon the crops
grown or
growing upon the demised premises for the rent thereof, whether the same
is payable wholly or in part in money or specific articles of property
or products of the premises, or labor, and also for the faithful
performance of the terms of the lease. Such lien shall continue for the
period of 6 months after the expiration of the term for which the
premises are demised, and may be enforced by distraint as
provided in Part 3 of Article IX of this Act.
A good faith purchaser shall, however, take such crops free of any landlord's
lien unless, within 6 months prior to the purchase, the landlord provides
written notice of his lien to the purchaser by registered or certified mail.
Such notice shall contain the names and addresses of the landlord and tenant,
and clearly identify the leased property.
A landlord may require that, prior to his tenant's selling any crops
grown on the demised premises, the tenant disclose the name of the person
to whom the tenant intends to sell those crops. Where such a requirement
has been imposed, the tenant shall not sell the crops to any person other
than a person who has been disclosed to the landlord as a potential buyer
of the crops.
A lien arising under this Section shall have priority over any agricultural
lien as defined in, and over any security interest arising under, provisions of
Article 9 of the Uniform Commercial Code.
(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)
|
735 ILCS 5/9-316.1
(735 ILCS 5/9-316.1) (from Ch. 110, par. 9-316.1)
Sec. 9-316.1.
Tenant's duty to disclose to landlord identity of vendee
of crops.
(a) Where, pursuant to Section 9-316, a landlord has required
that, before the tenant sells crops grown on the demised premises, the tenant
disclose to the landlord the persons to whom the tenant intends to sell
such crops, it is unlawful for the tenant to sell the crops to a person
other than a person so disclosed to the landlord.
(b) An individual who knowingly violates this Section is guilty
of a Class A misdemeanor.
(c) A corporation convicted of a violation of this Section
is guilty
of a business offense and shall be fined not less than $2000 nor more than
$10,000.
(d) In the event the tenant is a corporation or a partnership, any officer,
director, manager or managerial agent of the tenant who violates this Section
or causes the tenant to violate this Section is guilty of
a Class A misdemeanor.
(e) It is an affirmative defense to a prosecution for the violation of
this Section that the tenant has paid to the landlord the proceeds
from the sale of the crops within 10 days after such sale.
(Source: P.A. 84-1043 .)
|
735 ILCS 5/9-317
(735 ILCS 5/9-317) (from Ch. 110, par. 9-317)
Sec. 9-317.
Landlord's right against sublessee.
In all cases when the
leased premises are sublet, or
the lease is assigned, the landlord shall have the same right to enforce
his or her lien against the sublessee or assignee, that the landlord has against the
tenant to whom the premises were leased.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-318
(735 ILCS 5/9-318) (from Ch. 110, par. 9-318)
Sec. 9-318.
Abandonment of premises.
When a tenant abandons or removes
from the premises or any
part thereof, the landlord or his or her agent or attorney may seize upon any
grain or other crops grown or growing upon the premises or part thereof
so abandoned, whether the rent is due or not. If such grain or other
crops or any part thereof is not fully grown or matured, the landlord or
his or her agent or attorney shall cause the same to be properly cultivated and
harvested or gathered, and may sell and dispose of the same, and apply
the proceeds, so far as may be necessary, to compensate for his or her
labor and expenses, and to pay the rent. The tenant may, at
any time before the sale of the property so seized, redeem the same by
tendering the rent due and the reasonable compensation and expenses of
the cultivation and harvesting or gathering the same, or the tenant may replevy
the property seized.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-319
(735 ILCS 5/9-319) (from Ch. 110, par. 9-319)
Sec. 9-319.
Removal of fixture.
Subject to the right of the landlord
to distrain for rent, a
tenant has the right to remove from the leased premises all
removable fixtures erected thereon by him or her during the term of the lease,
or of any renewal thereof, or of any successive leasing of the premises
while the tenant remains in possession in the character of a tenant.
(Source: P.A. 82-280.)
|
735 ILCS 5/9-320
(735 ILCS 5/9-320) (from Ch. 110, par. 9-320)
Sec. 9-320.
Notice by nonresident owner.
(a) An owner of residential
real property containing more than 4 living units, who does not reside or
maintain an office therein and does not employ a manager or agent who resides
or maintains an office therein, shall:
(1) post or cause to be posted on such residential real property adjacent
to the mailboxes or within the interior of such residential real property
in a location visible to all the residents, a notice of not less than 20
square inches in size bearing:
(i) the name, address and telephone number of the person responsible for
managing the building; and
(ii) the name, address and telephone number of the company or companies
insuring such residential real property against loss or damage by fire or
explosion or if the residential real property is not insured, that shall
be stated in the notice; and
(2) within 24 hours from the time such owner is notified that any company
or companies insuring such residential real property against loss or damage
by fire or explosion has cancelled such insurance, post or cause to be posted
in the manner provided in subparagraph (1) notice of such cancellation.
(b) In lieu of the requirement for posting the notices prescribed in
subsection (a) of this Section and the owner's managing
agent may include such notice in a written rental or lease agreement or
may give such notice by first class mail addressed to the lessee or renter.
(c) Failure to give any notice required by this Section is a petty offense
and shall subject the owner to pay a fine of not more than $100 per day of violation.
(Source: P.A. 83-707.)
|
735 ILCS 5/9-321
(735 ILCS 5/9-321) (from Ch. 110, par. 9-321)
Sec. 9-321.
Distress before rent due.
If any tenant shall, without the
consent of his or her
landlord, sell and remove, or permit to be removed, or be about to sell
and remove, or permit to be removed, from the demised premises, such
part or portion of the crops raised thereon, as shall endanger the lien
of the landlord upon such crops for the rent agreed to be paid, it is
lawful for the landlord to institute proceedings by distress
before the rent is due, as is now provided by law, in case of the
removal of the tenant from the demised premises; and thereafter the
proceedings shall be conducted in the same manner as is now provided by
law in ordinary cases of distress, where the rent is due and unpaid.
(Source: P.A. 82-280.)
|
|
|
|