The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or otherwise, against the lessor, his or her grantees, assignees or his, her or their representatives, for the breach of any agreement in such lease, as such lessee might have had against his or her immediate lessor. This section shall have no application to the covenants against incumbrances, or relating to the title or possession of the premises demised.
9-216.Remedies available to lessee.
Article IX. Eviction · Part 2. Recovery of Rent; · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA tenant, and anyone who takes over the tenant's lease by assignment or as a personal representative, can sue a later owner of the property for breaking the lease, just as though that owner were the original landlord, except for claims about title or possession.
Full Text of 735 ILCS 5/9-216
Plain-English Summary
Section 9-216 is the counterpart to the section just before it, running continuity of remedy the other direction. Lessees, their assigns, and their personal representatives have the same remedy, by action or otherwise, against the lessor's grantees, assignees, or representatives, for breach of any agreement in the lease, that the lessee would have had against the immediate lessor.
The scope matches Section 9-215's: the remedy covers breach of any agreement in the lease, giving a tenant recourse against whoever now stands in the landlord's position, not only the original signer of the lease.
The section carves out an important limit. It does not extend to covenants against encumbrances, or to claims relating to the title or possession of the demised premises -- those stay outside this continuity rule, so a tenant cannot chase a remote successor landlord over a title defect the same way as an ordinary lease breach.
Frequently Asked Questions
Who benefits from Section 9-216?
Lessees, their assigns, and their personal representatives.
Whom can they sue under this section?
The lessor's grantees, assignees, or personal representatives, for breach of any agreement in the lease.
Is this remedy the same as what the tenant could have claimed against the original landlord?
Yes. The statute gives the same remedy the lessee would have had against the immediate lessor.
What claims does this section not cover?
Covenants against encumbrances, and matters relating to the title or possession of the demised premises.
How does this section relate to Section 9-215?
It is the counterpart provision, giving similar continuity of remedy to the lessee's side rather than the landlord's side.
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
Also known as: tenant suing new landlord illinoislease assignment tenant rights illinoisbreach of lease remedies illinoissuccessor landlord liability illinois