Cal. Civ. Code § 9-310
Judgment in favor of defendant - Counterclaim. If the judgment is in favor of the defendant, the defendant shall recover costs and judgment shall be entered for the return to the defendant of the property distrained, unless the same has been replevied or released from such distress. If a counterclaim is interposed, and it is determined by the court that a balance is due from the plaintiff to the defendant, judgment shall be entered in favor of the defendant
Operative Text
Judgment in favor of defendant - Counterclaim. If the judgment is in favor of the defendant, the defendant shall recover costs and judgment shall be entered for the return to the defendant of the property distrained, unless the same has been replevied or released from such distress. If a counterclaim is interposed, and it is determined by the court that a balance is due from the plaintiff to the defendant, judgment shall be entered in favor of the defendant.
Under 735 Ill. Comp. Stat. 5 § 9-310, when a court rules in favor of the defendant in a distress-for-rent action, the court enters judgment requiring the return of any property that was seized (distrained), along with an award of costs to the defendant — unless that property was already replevied or released. Additionally, if the defendant has filed a counterclaim and the court finds that the plaintiff actually owes money to the defendant, the court enters a monetary judgment in the defendant's favor for that balance.
Plain English — not legal advice.
Property owners and managers involved in distress-for-rent proceedings in Illinois should be aware that 735 Ill. Comp. Stat. 5 § 9-310 establishes the consequences of an adverse judgment. A compliant operator generally keeps accurate records of all distrained property and any amounts owed or paid, since a court ruling for the defendant can result in both a cost award and an order to return seized property. Operators also typically account for the possibility that a defendant's counterclaim could result in a monetary judgment running against the plaintiff.
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 § 9-310, a tenant who prevails as a defendant in a distress-for-rent case has the right to recover costs and to have distrained property returned, provided it has not already been replevied or released. Tenants also have the ability to interpose a counterclaim, and if the court finds a balance owed by the landlord, a judgment in the tenant's favor can be entered for that amount. Tenants facing distress-for-rent actions may wish to consult a tenant-rights organization or legal aid provider to understand how these protections and counterclaim options may apply to their circumstances.
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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