Cal. Civ. Code § 9-317
Landlord's right against sublessee. In all cases when the leased premises are sublet, or the lease is assigned, the landlord shall have the same right to enforce his or her lien against the sublessee or assignee, that the landlord has against the tenant to whom the premises were leased
Operative Text
Landlord's right against sublessee. In all cases when the leased premises are sublet, or the lease is assigned, the landlord shall have the same right to enforce his or her lien against the sublessee or assignee, that the landlord has against the tenant to whom the premises were leased.
Under 735 Ill. Comp. Stat. 5 § 9-317, when a tenant sublets the leased premises or assigns the lease to another party, the landlord's lien rights do not diminish. The landlord retains the same legal ability to enforce a lien against the sublessee or assignee as would exist against the original tenant. This provision ensures that a change in occupancy or lease assignment does not strip the landlord of remedies that were available under the original lease arrangement.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-317, property owners and managers generally maintain their lien enforcement rights even when a tenant sublets or assigns the lease without the landlord's direct involvement with the new occupant. Compliant operators typically document all subletting and assignment arrangements so that lien rights can be traced and enforced against any sublessee or assignee if necessary. Keeping clear records of the original lease terms and any subsequent occupancy changes supports the ability to exercise these rights effectively.
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 § 9-317, tenants who sublet or assign their lease should be aware that the landlord retains the same lien enforcement rights against the sublessee or assignee as against the original tenant. This means a sublessee or assignee may be subject to the landlord's lien claims in the same manner as the primary tenant would have been. Sublessees or assignees who believe a lien is being improperly enforced may wish to review the original lease terms and consult a tenant-rights organization or legal aid service for general information about available options.
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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