In all cases when the leased premises are sublet, or the lease is assigned, the landlord shall have the same right to enforce his or her lien against the sublessee or assignee, that the landlord has against the tenant to whom the premises were leased.
9-317.Landlord's right against sublessee.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-317 gives a landlord the same lien-enforcement rights against a sublessee or assignee that the landlord has against the original tenant when the leased premises are sublet or the lease is assigned.
Full Text of 735 ILCS 5/9-317
Plain-English Summary
A tenant does not escape the landlord's lien rights by subletting or assigning the lease to someone else. Section 9-317 states that whenever the leased premises are sublet, or the lease is assigned, the landlord has the same right to enforce the lien against the sublessee or assignee that the landlord has against the tenant who originally leased the premises.
The section makes no distinction between subletting and assignment for this purpose — either arrangement leaves the landlord's lien rights intact against whoever is now occupying under the lease. The lien Section 9-316 creates on crops, and the distress remedy this Part builds around it, follow the leasehold rather than stopping at the original tenant.
Frequently Asked Questions
Does subletting the leased premises defeat the landlord's lien?
No. Section 9-317 gives the landlord the same right to enforce the lien against the sublessee that the landlord has against the original tenant.
Does assigning the lease change the landlord's enforcement rights?
No. The landlord has the same lien-enforcement rights against an assignee as against the original tenant.
Which lien does Section 9-317 protect against subletting or assignment?
The statute refers to the landlord's lien generally, which Section 9-316 establishes on crops grown on the demised premises.
Does this section treat subletting and assigning the lease differently?
No. It applies the same rule to both situations, preserving the landlord's enforcement rights either way.
Can a sublessee be subject to distress for rent owed by the original tenant?
Section 9-317 preserves the landlord's lien-enforcement rights against the sublessee, extending the same remedies this Part gives against the original tenant.
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: landlord lien against sublessee Illinois9-317 Illinoisassignment of lease landlord liensublease rent lien Illinois