Seized Property: What Tenants Need to Know about Distress for Rent in Illinois

If you’re renting in Illinois, it’s important to know about the law on "distress for rent." 735 ILCS 5/9-301 is an Illinois law that explains what a landlord can and cannot do if you owe rent.

What Is Distress for Rent?

• Distress for Rent: If a tenant doesn’t pay rent, the landlord has a right to take (or "seize") some of the tenant’s personal property (like furniture or electronics) to cover the unpaid rent. This can only happen in the county where the tenant lives.
• What Can Be Taken: Only the tenant’s property can be taken—not anyone else's, even if it’s found on the rented property.

Important Legal Details

• Landlord’s Rights: Under Illinois law, a landlord can seize the tenant’s belongings if the tenant hasn’t paid rent. To do this, the landlord or their agent must follow specific steps. They need to file a "distress warrant" and an inventory list with the court. This action creates a "lien," which means the landlord has a legal right to keep the tenant’s property until the rent is paid.
• Limits on the Landlord’s Power: The landlord cannot go too far. For example, the landlord cannot change the locks and prevent the tenant from accessing the rental property. If they do, they are acting outside the law. In one case (Ivanhoe Shoppes v. Bauspies), the landlord properly seized the tenant’s exercise equipment by filing the right documents, but then illegally changed the locks, which is not allowed under the law.

What Tenants Should Know

• Your Property Rights: If you owe rent, the landlord might try to take your personal property, but they must follow the law to do so. They cannot take property that belongs to someone else, and they cannot lock you out of your home.
• Legal Process: The landlord must file certain legal papers to have the right to your property. If they don’t follow the proper steps, their actions could be illegal.

Understanding these rights can help protect you if you're facing issues with rent and your landlord. If your landlord tries to take your property or lock you out without following the law, seek legal advice.