Cal. Civ. Code § 9-316.1
Tenant's duty to disclose to landlord identity of vendee of crops
Operative Text
Tenant's duty to disclose to landlord identity of vendee of crops. (a) Where, pursuant to Section 9-316, a landlord has required that, before the tenant sells crops grown on the demised premises, the tenant disclose to the landlord the persons to whom the tenant intends to sell such crops, it is unlawful for the tenant to sell the crops to a person other than a person so disclosed to the landlord. (b) An individual who knowingly violates this Section is guilty of a Class A misdemeanor. (c) A corporation convicted of a violation of this Section is guilty of a business offense and shall be fined not less than $2000 nor more than $10,000. (d) In the event the tenant is a corporation or a partnership, any officer, director, manager or managerial agent of the tenant who violates this Section or causes the tenant to violate this Section is guilty of a Class A misdemeanor. (e) It is an affirmative defense to a prosecution for the violation of this Section that the tenant has paid to the landlord the proceeds from the sale of the crops within 10 days after such sale.
Under 735 Ill. Comp. Stat. 5 § 9-316.1, when a landlord has invoked the disclosure requirement of Section 9-316, a tenant who grows crops on leased land must sell those crops only to the buyers previously identified to the landlord. Selling to an undisclosed buyer is unlawful. Individual violators face Class A misdemeanor charges, while corporate violators face business-offense fines; however, a tenant who pays the landlord the full crop-sale proceeds within 10 days of the sale may assert that payment as an affirmative defense to prosecution.
Plain English — not legal advice.
Landlords who have formally invoked the crop-buyer disclosure requirement under Section 9-316 should keep clear written records of every buyer name the tenant discloses before any sale occurs. Under 735 Ill. Comp. Stat. 5 § 9-316.1, a sale to an undisclosed buyer is a criminal offense, so maintaining documentation of what was disclosed—and when—supports any subsequent enforcement action. Operators managing agricultural leases commonly track these disclosures in writing alongside the lease terms to create a clear paper trail.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants farming leased land under a lease that incorporates the Section 9-316 disclosure requirement should be aware that 735 Ill. Comp. Stat. 5 § 9-316.1 makes it a criminal offense to sell crops to a buyer not previously disclosed to the landlord. The statute does provide an affirmative defense: if the full proceeds from the sale are paid to the landlord within 10 days of the sale, that payment can be raised as a defense in a criminal proceeding. Tenants who have questions about their obligations or who believe a dispute may be developing can consult a tenant-rights organization or an attorney familiar with Illinois agricultural lease 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.