When a tenant abandons or removes from the premises or any part thereof, the landlord or his or her agent or attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so abandoned, whether the rent is due or not. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his or her agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate for his or her labor and expenses, and to pay the rent. The tenant may, at any time before the sale of the property so seized, redeem the same by tendering the rent due and the reasonable compensation and expenses of the cultivation and harvesting or gathering the same, or the tenant may replevy the property seized.
9-318.Abandonment of premises.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-318 lets a landlord seize a departing tenant's grain or crops on the abandoned premises, harvest and sell immature ones to cover labor, expenses, and rent, while giving the tenant a right to redeem or replevy before any sale.
Full Text of 735 ILCS 5/9-318
Plain-English Summary
Section 9-318 addresses what happens when a tenant abandons or removes from the premises, or from part of it. In that situation the landlord, or an agent or attorney, may seize any grain or other crops grown or growing on the abandoned premises or part of it, and this right applies whether or not rent is currently due.
If the seized grain or crops are not yet fully grown or matured, the statute does not let the landlord wait for the tenant to return — the landlord must cause the crops to be properly cultivated and harvested or gathered. Once harvested, the landlord may sell the crops and apply the proceeds, so far as necessary, to compensate for the labor and expenses of that cultivation and harvest, and then to pay the rent owed.
The tenant is not cut out of the picture entirely. At any time before the property is sold, the tenant may redeem it by tendering the rent due along with reasonable compensation for the labor and expenses of cultivating and harvesting or gathering the crop. Alternatively, the tenant may replevy the seized property instead of redeeming it.
Frequently Asked Questions
What can a landlord seize when a tenant abandons the premises?
Any grain or other crops grown or growing on the premises or part of the premises that was abandoned, whether or not rent is currently due.
What must the landlord do if the seized crops are not yet mature?
Cause them to be properly cultivated and harvested or gathered, rather than leaving them unattended.
How does the landlord recover the cost of harvesting an abandoned crop?
By selling the crop and applying the proceeds, as far as necessary, first to the labor and expenses of cultivating and harvesting it, and then to the rent owed.
Can the tenant get the seized crops back before they are sold?
Yes. The tenant may redeem the property at any time before sale by tendering the rent due plus reasonable compensation for the cultivation and harvesting expenses, or the tenant may replevy the property instead.
Does the landlord need rent to already be due before seizing abandoned crops?
No. Section 9-318 allows seizure of crops on abandoned premises whether the rent is due or not.
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 abandons premises crops Illinois9-318 Illinoislandlord harvesting abandoned cropsredeeming seized crops Illinois tenant