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.
9-311.Bond for release of property.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-311 lets a tenant get distrained property back before judgment by posting a bond, payable to the landlord, for double the rent claimed, conditioned on paying whatever judgment the landlord ultimately recovers.
Full Text of 735 ILCS 5/9-311
Plain-English Summary
A tenant does not have to wait for the case to conclude to get seized property released. Section 9-311 lets the person whose property was distrained release it by entering into a bond in double the amount of the rent claimed, payable to the landlord, with sufficient sureties.
Who approves that bond depends on timing. If the bond is tendered before a copy of the distress warrant is filed, the person making the levy approves the sureties. If it is tendered after filing, the clerk of the court where the action is pending approves them instead. Either way, the bond is conditioned on paying whatever judgment the landlord ultimately recovers in the action, along with costs.
Filing follows the same before-or-after split. A bond taken before the warrant copy is filed gets filed together with it. A bond taken after the warrant copy was already filed goes into the clerk's office in the court where the action is pending. Either way, the bonded property is treated as released from distress, which matters for the sequencing rules in Sections 9-308 and 9-310 that otherwise turn on whether distrained property remains under seizure.
Frequently Asked Questions
How can a tenant get seized property back before the case is decided?
By entering into a bond in double the amount of the rent claimed, payable to the landlord, with sureties sufficient to satisfy the person approving them.
Who approves the sureties on a bond to release distrained property?
The person making the levy approves the bond if it is tendered before the distress warrant copy is filed. If tendered after filing, the clerk of the court where the action is pending approves it.
What is the bond conditioned on?
Paying whatever judgment the landlord may recover in the action, along with the costs of the action.
Where does the bond get filed?
A bond taken before the warrant copy is filed is filed together with it. A bond taken after the warrant copy was filed is filed in the clerk's office of the court where the action is pending.
How much must the bond be for?
Double the amount of the rent claimed in the distress action.
Amendment History
(Source: P.A. 83-707.)
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: bond to release distrained property Illinois9-311 Illinoisdouble the rent bond Illinoisgetting seized property back from landlord