Cal. Civ. Code § 9-318
Abandonment of premises. When a tenant abandons or removes from the premises or any part thereof, the landlord or his or her agent or attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so abandoned, whether the rent is due or not. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his or her agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate for his or her labor and expenses, and to pay the rent. The tenant may, at any time before the sale of the property so seized, redeem the same by tendering the rent due and the reasonable compensation and expenses of the cultivation and harvesting or gathering the same, or the tenant may replevy the property seized
Operative Text
Abandonment of premises. When a tenant abandons or removes from the premises or any part thereof, the landlord or his or her agent or attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so abandoned, whether the rent is due or not. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his or her agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate for his or her labor and expenses, and to pay the rent. The tenant may, at any time before the sale of the property so seized, redeem the same by tendering the rent due and the reasonable compensation and expenses of the cultivation and harvesting or gathering the same, or the tenant may replevy the property seized.
Under 735 Ill. Comp. Stat. 5 § 9-318, when a tenant abandons agricultural premises, the landlord gains the right to take possession of any crops—whether already grown or still growing—on the abandoned land, regardless of whether rent is currently owed. If crops are not yet mature, the landlord is responsible for continuing to cultivate and harvest them, and may then sell the crops, applying the proceeds to cover labor, expenses, and unpaid rent. Before any sale occurs, the tenant retains the right to reclaim the seized crops by paying the rent owed plus reasonable cultivation and harvesting costs, or by pursuing a replevin action to recover the property through the courts.
Plain English — not legal advice.
Operators of agricultural rental properties should be aware that 735 Ill. Comp. Stat. 5 § 9-318 grants specific rights upon tenant abandonment, including the authority to seize crops left on the premises. A compliant landlord or their agent generally documents the abandonment, takes reasonable steps to cultivate and harvest any immature crops, and carefully tracks all associated labor and expenses before proceeding to any sale of seized crops. Because the tenant retains redemption and replevin rights up until the point of sale, landlords typically maintain clear records of costs and provide the tenant a reasonable opportunity to reclaim the crops by satisfying the amounts owed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
735 Ill. Comp. Stat. 5 § 9-318 preserves important rights for tenants who have abandoned agricultural premises: at any point before the landlord sells seized crops, a tenant may reclaim them by tendering the rent due along with the landlord's reasonable cultivation and harvesting expenses. Alternatively, a tenant may pursue a replevin action—a legal proceeding to recover personal property—to contest the seizure through the courts. Tenants who believe a landlord has improperly seized crops or failed to account for proceeds may wish to consult a tenant-rights organization or legal aid service familiar with Illinois agricultural tenancy 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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