Landlord Distraints

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 as early as THREE DAYS 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.

The benefits of hiring a bailiff are:

  • They will manage the file and steer you through the process
  • Help you avoid conflict with the tenant,
  • In most cases there is no cost to the Landlord; we strive to recover all our costs directly from the tenant.

An added benefit Napier Bailiffs has to offer is our professional mediation skills which we utilize to help the parties come to an amicable resolution producing a win/win for both parties and keeping business relationships in tact.

No more delay tactics! The landlordís right to Distress for rent is an efficient & effective method of commercial rent recovery.

Call us to determine if your circumstances warrant a Landlord's Distress or Termination.