Cal. Civ. Code § 9-216
Remedies available to lessee. The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or otherwise, against the lessor, his or her grantees, assignees or his, her or their representatives, for the breach of any agreement in such lease, as such lessee might have had against his or her immediate lessor. This section shall have no application to the covenants against incumbrances, or relating to the title or possession of the premises demised
Operative Text
Remedies available to lessee. The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or otherwise, against the lessor, his or her grantees, assignees or his, her or their representatives, for the breach of any agreement in such lease, as such lessee might have had against his or her immediate lessor. This section shall have no application to the covenants against incumbrances, or relating to the title or possession of the premises demised.
Under 735 Ill. Comp. Stat. 5 § 9-216, a tenant's right to pursue remedies for a lease breach travels with the lease — meaning that if a landlord sells or transfers the property, the tenant (or the tenant's heirs or assignees) retains the same legal remedies against the new owner or successor that the tenant originally had against the original landlord. This continuity of remedies applies to most lease agreements but explicitly does not extend to covenants concerning title, possession, or encumbrances on the property. The provision ensures that a change in ownership does not strip tenants of their ability to seek relief for broken lease promises.
Plain English — not legal advice.
Property owners and managers in Illinois should be aware that under 735 Ill. Comp. Stat. 5 § 9-216, acquiring a leased property through purchase or assignment does not eliminate the prior landlord's lease obligations — successors generally inherit exposure for breaches of lease agreements that predate or continue through the transfer. Compliant operators typically conduct thorough due diligence on existing leases before acquiring a property, documenting the condition of tenancies and any outstanding obligations. Keeping clear records of lease terms, prior communications, and the state of the property at the time of transfer is a practice commonly associated with managing this kind of successor liability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Illinois tenants, their heirs, and assignees are protected by 735 Ill. Comp. Stat. 5 § 9-216, which generally preserves their right to pursue remedies for lease breaches even when the property changes hands — the new owner or successor steps into the prior landlord's shoes for most lease obligations. If a landlord sells the property and the new owner fails to honor lease terms, tenants may have grounds to bring a legal action against that successor just as they could have against the original landlord. Tenants who believe their lease rights have been violated after a property transfer may consider consulting a tenant-rights organization or legal aid provider to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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