Cal. Civ. Code § 9-316
Lien upon crops. Every landlord shall have a lien upon the crops grown or growing upon the demised premises for the rent thereof, whether the same is payable wholly or in part in money or specific articles of property or products of the premises, or labor, and also for the faithful performance of the terms of the lease. Such lien shall continue for the period of 6 months after the expiration of the term for which the premises are demised, and may be enforced by distraint as provided in Part 3 of Article IX of this Act. A good faith purchaser shall, however, take such crops free of any landlord's lien unless, within 6 months prior to the purchase, the landlord provides written notice of his lien to the purchaser by registered or certified mail. Such notice shall contain the names and addresses of the landlord and tenant, and clearly identify the leased property. A landlord may require that, prior to his tenant's selling any crops grown on the demised premises, the tenant disclose the name of the person to whom the tenant intends to sell those crops. Where such a requirement has been imposed, the tenant shall not sell the crops to any person other than a person who has been disclosed to the landlord as a potential buyer of the crops. A lien arising under this Section shall have priority over any agricultural lien as defined in, and over any security interest arising under, provisions of Article 9 of the Uniform Commercial Code
Operative Text
Lien upon crops. Every landlord shall have a lien upon the crops grown or growing upon the demised premises for the rent thereof, whether the same is payable wholly or in part in money or specific articles of property or products of the premises, or labor, and also for the faithful performance of the terms of the lease. Such lien shall continue for the period of 6 months after the expiration of the term for which the premises are demised, and may be enforced by distraint as provided in Part 3 of Article IX of this Act. A good faith purchaser shall, however, take such crops free of any landlord's lien unless, within 6 months prior to the purchase, the landlord provides written notice of his lien to the purchaser by registered or certified mail. Such notice shall contain the names and addresses of the landlord and tenant, and clearly identify the leased property. A landlord may require that, prior to his tenant's selling any crops grown on the demised premises, the tenant disclose the name of the person to whom the tenant intends to sell those crops. Where such a requirement has been imposed, the tenant shall not sell the crops to any person other than a person who has been disclosed to the landlord as a potential buyer of the crops. A lien arising under this Section shall have priority over any agricultural lien as defined in, and over any security interest arising under, provisions of Article 9 of the Uniform Commercial Code.
Under 735 Ill. Comp. Stat. 5 § 9-316, a landlord automatically holds a lien on crops grown or growing on leased farmland as security for unpaid rent and lease obligations. This lien remains in effect for six months after the lease term ends and takes priority over agricultural liens and security interests under Article 9 of the Uniform Commercial Code. A good-faith crop buyer can take the crops free of the lien, but only if the landlord has not sent proper written notice of the lien by registered or certified mail within the six months before the sale.
Plain English — not legal advice.
Landlords leasing agricultural land in Illinois should understand that 735 Ill. Comp. Stat. 5 § 9-316 automatically creates a lien on crops as security for rent and lease performance, but that lien does not bind a good-faith purchaser unless the landlord sends written notice by registered or certified mail within six months before the crop sale, including the names and addresses of both parties and a clear identification of the leased property. Compliant operators who wish to protect their lien interests typically send timely certified-mail notices to known or anticipated buyers before any crop sale occurs. Landlords may also include a lease provision requiring tenants to disclose the name of any intended crop buyer before completing a sale, which helps ensure the landlord can act to preserve lien rights.
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 § 9-316, a tenant farming leased land should be aware that the landlord holds a statutory lien on crops for unpaid rent and lease obligations, and that lien survives for six months after the lease ends. If a lease contains a buyer-disclosure requirement, a tenant is obligated to identify intended crop purchasers to the landlord before completing a sale and may not sell to undisclosed buyers. Tenants who believe a landlord is improperly asserting or enforcing a crop lien may wish to review the notice requirements of this provision, consult a tenant-rights or agricultural law organization, or raise the issue as a defense in any distraint or enforcement proceeding.
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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