Pursuant to the Commercial Tenancies Act RSO 1990, Commercial Landlords generally have two options: either a landlords right to Distress (also called Distraint) or Termination of Lease. Here we will discuss Landlord Distress please refer to the page Commercial Lockout for further information.

It should be noted that for every tenant the specific terms of the commercial lease must be considered. Even without a signed lease in place a landlord may, in some circumstances, still exercise the right to distraint. Napier Bailiffs, having been duly appointed by the Ontario Government since 1963, has the authority to act for the landlord and expertise to consult with you on an individual tenant basis.

Landlord's Distress is the seizure of goods sufficient to recover unpaid rent. Recent court precedence has deemed it unlawful to both seize goods and lock the doors thus preventing the tenant from carrying on business, unless very specific circumstances exist. Furthermore there are a number of government agencies whose rights to some or all of the monies recovered by the landlord have to be considered. Do not paint yourself, as a commercial landlord, into a corner.

An appointed bailiff has the legal authority to enter the tenants premises ONE DAY after the rent is due and seize goods by: 1) removing them to a secured location or 2) leaving them in care of tenant after inventorying the goods sufficient to identify them later