If any tenant shall, without the consent of his or her landlord, sell and remove, or permit to be removed, or be about to sell and remove, or permit to be removed, from the demised premises, such part or portion of the crops raised thereon, as shall endanger the lien of the landlord upon such crops for the rent agreed to be paid, it is lawful for the landlord to institute proceedings by distress before the rent is due, as is now provided by law, in case of the removal of the tenant from the demised premises; and thereafter the proceedings shall be conducted in the same manner as is now provided by law in ordinary cases of distress, where the rent is due and unpaid.
9-321.Distress before rent due.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-321 lets a landlord distrain before rent is even due when a tenant, without consent, sells or removes crops from the premises in a way that endangers the landlord's lien for rent already agreed to be paid.
Full Text of 735 ILCS 5/9-321
Plain-English Summary
Ordinarily, distress for rent presupposes that rent is already due and unpaid. Section 9-321 creates an exception for a specific risk to the landlord's crop lien under Section 9-316. If a tenant, without the landlord's consent, sells and removes, permits removal of, or is about to sell and remove or permit removal of, part or all of the crops raised on the premises, and doing so would endanger the landlord's lien on those crops for rent already agreed to be paid, the landlord may act before waiting for the rent to come due.
In that situation, the statute allows the landlord to institute distress proceedings before the rent is due, following the same procedure already provided by law for a tenant's removal from the premises. Once started, the proceedings continue in the same manner as an ordinary distress case where the rent is due and unpaid — the early timing does not create a separate track with different rules.
Frequently Asked Questions
Can a landlord distrain for rent that is not yet due?
Yes, under Section 9-321, if the tenant, without the landlord's consent, sells or removes crops from the premises, or is about to, in a way that endangers the landlord's lien on those crops for rent already agreed to be paid.
What triggers a landlord's right to distrain early under this section?
The tenant selling and removing, permitting removal of, or being about to sell and remove or permit removal of crops from the premises without the landlord's consent, where that endangers the landlord's crop lien.
Does early distress under Section 9-321 follow different procedures than ordinary distress?
No. Once instituted, the proceedings are conducted in the same manner as ordinary distress cases where rent is due and unpaid.
What procedure governs how the landlord starts this early distress action?
The same procedure already provided by law for distress arising from a tenant's removal from the demised premises.
Which lien does this section protect against a tenant removing crops?
The landlord's lien on crops grown or growing on the demised premises, the same lien Section 9-316 establishes for rent and lease performance.
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: distress before rent due Illinois9-321 Illinoistenant removing crops without consentlandlord protecting crop lien Illinois