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.
9-310.Judgment in favor of defendant - Counterclaim.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-310 entitles a tenant who wins a distress action to costs and the return of the seized property, and to judgment for any balance the court finds the landlord owes on a counterclaim.
Full Text of 735 ILCS 5/9-310
Plain-English Summary
Section 9-310 covers the flip side of Section 9-307: what happens when the tenant, not the landlord, prevails. If judgment is in the defendant's favor, the defendant recovers costs of the action, and judgment is entered for the return of the property that was distrained — unless that property was already replevied or released from the distress before judgment.
The section also addresses the counterclaim option Section 9-306 makes available. If the tenant filed a counterclaim and the court determines that a balance is due from the landlord to the tenant, judgment is entered in the tenant's favor on that basis, going beyond a defense win to an affirmative recovery.
Frequently Asked Questions
What does a tenant recover after winning a distress action?
Costs of the action, and judgment for the return of the property that was distrained, unless it was already replevied or released from the distress.
Does the tenant get the seized property back automatically after winning?
Judgment is entered for its return, unless the property has already been replevied or released from the distress before that point.
What if the tenant's counterclaim shows the landlord owes money?
Judgment is entered in the tenant's favor for that balance once the court determines it is due from the landlord to the tenant.
Is filing a counterclaim necessary for the tenant to recover costs and the property?
No. Recovering costs and the return of distrained property follows from winning the case on its own; the counterclaim provision applies specifically when the tenant seeks an affirmative balance from the landlord.
What happens to property that was already replevied before the tenant won the case?
The statute does not order its return through the judgment, since the return provision applies only to property that has not already been replevied or released from the distress.
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 wins distress for rent Illinois9-310 Illinoisreturn of distrained property Illinoiscounterclaim balance due from landlord