In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him or her and grown or growing on the premises at the time of the filing of the action, and shall have the right to enter for the purpose of removing such crops, first paying or tendering to the party entitled to the possession a reasonable compensation for such use of the land before removing such crops.
9-105.Growing crops.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-105 lets a purchaser who forfeits a land contract still harvest crops already planted and growing when the eviction action was filed, after paying reasonable compensation for the use of the land.
Full Text of 735 ILCS 5/9-105
Plain-English Summary
This section ties to the vendee ground in Section 9-102(a)(5) -- a purchaser who defaults on an agreement to buy land and loses possession through forfeiture. Even so, crops the purchaser already planted, and that are grown or growing on the premises when the eviction action is filed, aren't automatically lost along with possession.
The purchaser can re-enter the land for the sole purpose of removing those crops, but only after first paying or tendering reasonable compensation to the party now entitled to possession for that use of the land. The right to harvest doesn't come free.
Frequently Asked Questions
If I lose a land contract eviction case, do I lose my planted crops too?
Not automatically -- the purchaser can still cultivate and gather crops already planted and growing on the premises when the eviction action was filed.
Can I go back onto the property to harvest my crops after losing possession?
Yes, this section gives a right to enter for that purpose.
Do I owe anything for going back onto the land to gather crops?
Yes -- reasonable compensation for that use of the land, paid or tendered before the crops are removed.
Does this section apply to any eviction, or only land-contract cases?
The text ties this right to forfeiture under a contract of purchase.
What if the crops weren't planted yet when the eviction action was filed?
The section covers crops planted and growing at the time of filing; it doesn't address crops planted afterward.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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