Cal. Civ. Code § 9-312
Perishable property. If any property distrained is of a perishable nature and in danger of immediate waste or decay, and is not replevied or bonded, the landlord or his or her agent or attorney may, upon giving notice to the defendant or his or her attorney, or if neither can be found, without any notice, apply to the court in which the action is pending describing the property, and showing that it is so in danger, and if the court is satisfied that the property is of a perishable nature and in danger of immediate waste or decay, and if the defendant or his or her attorney is not served with notice, or does not appear, that neither the defendant nor the attorney can be found, the court may enter an order to the person having possession of the property, directing the sale thereof upon such time and notice, terms and conditions as the court shall deem for the best interests of the parties concerned. The money resulting from such sale shall be deposited with the clerk of the court in which the action is pending, there to abide the event of the action
Operative Text
Perishable property. If any property distrained is of a perishable nature and in danger of immediate waste or decay, and is not replevied or bonded, the landlord or his or her agent or attorney may, upon giving notice to the defendant or his or her attorney, or if neither can be found, without any notice, apply to the court in which the action is pending describing the property, and showing that it is so in danger, and if the court is satisfied that the property is of a perishable nature and in danger of immediate waste or decay, and if the defendant or his or her attorney is not served with notice, or does not appear, that neither the defendant nor the attorney can be found, the court may enter an order to the person having possession of the property, directing the sale thereof upon such time and notice, terms and conditions as the court shall deem for the best interests of the parties concerned. The money resulting from such sale shall be deposited with the clerk of the court in which the action is pending, there to abide the event of the action.
Under 735 Ill. Comp. Stat. 5 § 9-312, when property that has been seized (distrained) in a landlord-tenant legal action is perishable and at risk of spoiling or decaying before the case concludes, the law provides a mechanism for that property to be sold rather than left to waste. A court can authorize the sale after the landlord or their representative applies and demonstrates the perishable risk, with notice given to the tenant or their attorney when either can be located. The proceeds from any such court-ordered sale are held by the court clerk and remain tied to the outcome of the underlying legal action.
Plain English — not legal advice.
Property owners or their agents who have distrained perishable goods under an active Illinois court action should be aware that 735 Ill. Comp. Stat. 5 § 9-312 provides a formal court-application process to prevent loss from spoilage. A compliant operator generally documents the perishable nature of the distrained property, makes a good-faith effort to notify the tenant or their attorney, and files the appropriate application with the court describing the property and the risk of decay. The sale proceeds are not retained by the landlord but are deposited with the court clerk to await the final resolution of the case.
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 § 9-312, a tenant whose distrained property is perishable has a right to receive notice before a landlord seeks a court order to sell that property, provided the tenant or their attorney can be located. If such a sale is ordered, the money generated is held by the court clerk and is not simply handed to the landlord — it remains subject to the outcome of the case. Tenants who believe this process was not followed correctly may consider raising the procedural requirements of § 9-312 in the pending court action or consulting a tenant-rights organization familiar with Illinois distress and distraint 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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