Note: Distraint in IL

735 ILCS 5/9-301

5/9-301. Property subject to distraint

§ 9-301. Property subject to distraint. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may seize for rent any personal property of his or her tenant that may be found in the county where such tenant resides, and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenant.

In Greco v. Guss, 775 F.2d 161 (7th Cir. 1985), the tenant-restaurant fell behind on rent. The landlord entered the restaurant with a Cook County deputy sheriff and a Palatine police officer, served a distress warrant, and seized all the personal property on the premises. The court of appeals held that purely private distress, without involvement of state officers, would not have violated due process. The involvement of the deputy sheriff, however, constituted state action. In the end, the court held, there was no violation of due process because the post-deprivation remedies were sufficient. 775 F.2d at 169.