Subject to the right of the landlord to distrain for rent, a tenant has the right to remove from the leased premises all removable fixtures erected thereon by him or her during the term of the lease, or of any renewal thereof, or of any successive leasing of the premises while the tenant remains in possession in the character of a tenant.
9-319.Removal of fixture.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-319 lets a tenant remove fixtures the tenant installed during the tenancy, but only to the extent the landlord's right to distrain does not stand in the way.
Full Text of 735 ILCS 5/9-319
Plain-English Summary
Section 9-319 gives a tenant the right to remove removable fixtures erected on the leased premises by the tenant, whether they were installed during the original term, during any renewal of the lease, or during any successive leasing of the premises, so long as the tenant remains in possession as a tenant.
That removal right is not absolute. The statute opens by making it subject to the right of the landlord to distrain for rent, so a landlord's distraint remedy under this Part can limit or override the tenant's ability to take fixtures away, at least where those fixtures would otherwise be reachable through distress.
Frequently Asked Questions
Can a tenant remove fixtures the tenant installed during the lease?
Yes, Section 9-319 allows removal of removable fixtures the tenant erected during the term, a renewal, or a successive leasing, while still in possession as a tenant.
Does the landlord's distraint right limit the tenant's ability to remove fixtures?
Yes. The statute makes the removal right expressly subject to the landlord's right to distrain for rent.
Does this right cover fixtures installed by a previous tenant?
The statute addresses fixtures erected by the tenant claiming the removal right, during that tenant's term, renewal, or successive leasing.
Must the tenant still be in possession to remove fixtures under this section?
Yes. The right applies while the tenant remains in possession of the premises in the character of a tenant.
What kind of fixtures does Section 9-319 cover?
It refers to removable fixtures generally, without listing specific categories, erected on the leased premises by the 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: tenant removing fixtures Illinois9-319 Illinoislandlord distraint versus tenant fixturesremovable fixtures lease Illinois