Also known as: distress · distraint for rent
Written by attorneys · grounded in primary & secondary sources — see below
A common law remedy allowing a landlord to enter leased premises and seize a tenant's personal property as security for rent that is overdue. The remedy arises automatically from the landlord-tenant relationship and is limited to rent that is certain or readily ascertainable. Modern statutes in many jurisdictions have abolished or restricted the remedy because it constitutes self-help without prior notice or hearing.
Delilah Duran fell three months behind on rent for her apartment. The landlord entered the unit while she was at work and removed her living room furniture and television. The landlord stored the items and demanded payment before returning them. Delilah challenged the seizure as unconstitutional self-help.
Deborah Dunn, a military widow, fell behind on rent for the leased garage. The landlord entered and seized her late husband's tools as security for the unpaid rent. She organized a protest after the seizure and later challenged the distraint under modern statutory limits.
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Destiny Davis lived with her brother in a rented house. When the landlord seized the brother's computer equipment for unpaid rent, Destiny witnessed the removal. She later asserted that the distraint improperly reached property belonging to a co-resident who was not the tenant.
Demetrius Douglas's mother was the tenant. The landlord seized her mother's jewelry collection for back rent while Demetrius was visiting. Demetrius claimed the seizure exceeded the scope of property properly subject to distress for rent.
Dylan Duffy was a guest when the landlord seized his friend's appliances for unpaid rent. The seizure occurred without judicial process. Dylan later joined a challenge arguing that modern statutes prohibit such self-help seizures regardless of who is present.
Dolores Diaz's landlord seized her car for unpaid rent by breaking into the garage. The seizure was intended to collect rent but exceeded the common-law limits on property subject to distress. Dolores argued the method violated statutory restrictions on self-help.
Many jurisdictions have abolished or severely limited distress for rent by statute because it allows self-help seizure without notice or hearing. The remedy is disfavored and often replaced by judicial lien procedures that satisfy due process.
The landlord may seize any personal property located on the leased premises, including items belonging to the tenant or even innocent third parties. The seizure creates a lien on the chattels as security for the unpaid rent.
At common law the remedy was exercised without prior judicial approval. Modern cases and statutes frequently invalidate this self-help approach on due process grounds because the tenant receives no notice or opportunity to be heard before seizure.
…life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other…