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.
9-301.Property subject to distraint.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-301 lets a landlord seize a tenant's personal property found anywhere in the county where the tenant lives to satisfy unpaid rent, but bars seizing property that belongs to someone else, even if it sits on the rented premises.
Full Text of 735 ILCS 5/9-301
Plain-English Summary
Distress for rent is a self-help remedy older than the eviction statute itself: a landlord owed rent can have a tenant's personal property seized to secure or satisfy that debt, without first winning a lawsuit. Section 9-301 marks the outer edge of that power. The landlord, or an agent or attorney acting for the landlord, may seize any personal property belonging to the tenant, and the property does not have to sit on the leased premises — it only has to be located somewhere in the county where the tenant resides.
The section also draws a firm line around whose property can be taken. Even if a guest's car sits in the driveway or a roommate's furniture fills a rented room, that property belongs to someone other than the tenant and stays off-limits. The statute states plainly that property of any other person is never liable to seizure for the tenant's rent, regardless of where it happens to be found.
Everything that follows in this Part — filing the warrant, summoning the tenant, litigating the claim, and eventually selling seized goods — builds on this starting point: a lawful distraint reaches only the tenant's own property, wherever in the county it turns up.
Frequently Asked Questions
Who can seize a tenant's property for unpaid rent under Section 9-301?
The landlord personally, or an agent or attorney acting on the landlord's behalf, may seize the tenant's personal property for rent owed.
Does the tenant's property have to be on the rental premises to be seized?
No. Section 9-301 allows seizure of the tenant's personal property anywhere it is found within the county where the tenant resides, not only on the leased premises.
Can a landlord seize a roommate's or guest's belongings to cover a tenant's rent?
No. The statute states that property belonging to anyone other than the tenant is never liable to seizure for that tenant's rent, even if it is found on the premises.
What kind of property can a landlord distrain under this section?
The statute refers broadly to personal property of the tenant, without listing categories, though later sections in this Part carve out exemptions and special rules for perishable goods and crops.
Is a lawsuit required before a landlord can seize a tenant's property under Section 9-301?
No. Distress for rent is a self-help seizure that starts the process; Section 9-302 then requires the landlord to file the distress warrant and an inventory with the circuit clerk right away, which sets the court proceeding in motion.
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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