Cal. Civ. Code § 9-301
Property subject to distraint. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may seize for rent any personal property of his or her tenant that may be found in the county where such tenant resides, and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenant
Operative Text
Property subject to distraint. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may seize for rent any personal property of his or her tenant that may be found in the county where such tenant resides, and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenant.
Under 735 Ill. Comp. Stat. 5 § 9-301, Illinois law establishes the scope of 'distraint for rent,' a legal remedy that allows a landlord to seize a tenant's personal property located within the same county as the tenant's residence when rent is owed. The provision draws a firm boundary: only property that actually belongs to the tenant is subject to this remedy. Personal property belonging to any third party — even if physically present on the rented premises — cannot be seized to satisfy the tenant's rent debt.
Plain English — not legal advice.
Landlords or their agents and attorneys operating under 735 Ill. Comp. Stat. 5 § 9-301 who pursue distraint for rent generally take care to identify and seize only property that demonstrably belongs to the tenant, not items belonging to roommates, guests, or other third parties who happen to have belongings on the premises. Compliant operators typically confirm that any property targeted is located within the same county where the tenant resides before proceeding. Because distraint is a formal legal remedy with strict procedural requirements, operators generally work with legal counsel to ensure each step conforms to Illinois law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-301, tenants and third parties alike have a clear protection: a landlord pursuing distraint for rent has no legal authority to seize property that does not belong to the tenant, even if that property is found on the rented premises. If a third party's belongings are seized in violation of this provision, that person may have grounds to challenge the seizure. Tenants and affected third parties can explore their options by consulting a tenant-rights organization or legal aid service familiar with Illinois landlord-tenant law.
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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