9-206.1.Life tenancy termination; farmland leases.

Article IX. Eviction · Part 2. Recovery of Rent; · Last amended 1997 · Last verified July 20, 2026

In one sentenceWhen a farmland lease's landlord holds only a life estate, the lease runs through the end of the current lease year even after the life tenant dies, and a lessee who already prepared fields for the next crop year can recover those costs from the new owner.

Full Text of 735 ILCS 5/9-206.1

Text sizeJump to: (a) (b)

(a) Tenancies from year to year of farmland occupied on a crop share, livestock share, cash rent, or other rental basis in which the lessor is the life tenant or the representative of the life tenant shall continue until the end of the current lease year in which the life tenant's interest terminates unless otherwise provided in writing by the lessor and the lessee.

(b) Whenever the life tenancy of the lessor terminates not more than 6 months before the end of the tenancy of the lessee but before the beginning of the next crop year, the lessee of the farmlands is entitled to reasonable costs incurred in field preparation for the next crop year, payable by the succeeding life tenant or remainderman.

As used in this Section "farmland" means any property used primarily for the growing and harvesting of crops; the feeding, breeding and management of livestock; dairying, or any other agricultural or horticultural use or combination thereof, including, but not limited to, hay, grain, fruit, truck or vegetable crops, floriculture, mushroom growing, plant or tree nurseries, orchards, forestry, sod farming and greenhouses; the keeping, raising and feeding of livestock or poultry, including poultry, swine, sheep, beef cattle, ponies or horses; dairy farming; fur farming; beekeeping; or fish or wildlife farming.

End

Plain-English Summary

Section 9-206.1 addresses a farmland lease where the lessor holds only a life estate rather than outright ownership, and asks what happens to the lease when that life interest ends mid-term. Under subsection (a), the lease continues to the end of the current lease year regardless of when the life tenant's interest terminates, unless the lessor and lessee have agreed otherwise in writing.

Subsection (b) addresses a timing gap: when the life tenancy ends not more than six months before the end of the lessee's tenancy, but before the next crop year begins, the lessee is entitled to reasonable costs incurred preparing fields for that next crop year. Those costs are payable by whoever takes over next -- the succeeding life tenant or the remainderman.

A closing paragraph defines 'farmland' broadly for purposes of this section, reaching crop growing, livestock and dairy operations, orchards, nurseries, forestry, beekeeping, and similar agricultural and horticultural uses.

Frequently Asked Questions

What happens to a farmland lease when the life-tenant landlord dies?

The lease continues through the end of the current lease year, unless the lessor and lessee agreed otherwise in writing.

Can the lessor and lessee change this default rule?

Yes, but only in writing.

What if the life tenant dies close to the start of the next crop year?

If the life tenancy ends not more than six months before the end of the lessee's tenancy but before the next crop year begins, the lessee may recover reasonable field-preparation costs for that coming year.

Who pays the lessee's field-preparation costs in that situation?

The succeeding life tenant or the remainderman.

How broadly does the statute define farmland for this section?

It covers growing and harvesting crops, raising and feeding livestock and poultry, dairy farming, orchards, nurseries, forestry, sod farming, greenhouses, fur farming, beekeeping, and fish or wildlife farming.

Amendment History

(Source: P.A. 89-549, eff. 1-1-97.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: life tenant farm lease illinoisfarmland lease life estate terminationremainderman farm lease costslife tenancy farmland notice