Cal. Civ. Code § 9-313
Limitation. The right of the landlord to distrain the personal goods of the tenant, shall continue for the period of 6 months after the expiration of the term for which the premises were demised or the tenancy is terminated
Operative Text
Limitation. The right of the landlord to distrain the personal goods of the tenant, shall continue for the period of 6 months after the expiration of the term for which the premises were demised or the tenancy is terminated.
Under 735 Ill. Comp. Stat. 5 § 9-313, Illinois law places a time limit on a landlord's right to distrain — that is, to seize or hold a tenant's personal property as security for unpaid rent. That right does not last indefinitely; it expires six months after the rental term ends or the tenancy is otherwise terminated. Once that six-month window closes, the legal authority to pursue distraint is no longer available under this provision.
Plain English — not legal advice.
735 Ill. Comp. Stat. 5 § 9-313 establishes that any distraint action against a former tenant's personal property must be initiated within six months of the lease term's expiration or the termination of the tenancy. Operators who believe they have a valid distraint claim generally track the precise date the tenancy ended so they can assess whether the statutory window remains open. Allowing the six-month period to lapse without acting forfeits the distraint remedy under this provision, though other legal remedies for unpaid rent may exist independently.
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 § 9-313, a tenant's personal property is protected from distraint once six months have passed since the tenancy ended. If a landlord attempts to seize or hold personal goods after that window has closed, the tenant may have grounds to raise the expiration of this statutory period as a defense. Tenants who believe their property has been improperly distrained can consult a tenant-rights organization or legal aid provider to understand what options may be available to them.
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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