Also known as: second distresses · distress
Written by attorneys · grounded in primary & secondary sources — see below
A subsequent seizure of a tenant's personal property to enforce payment of rent or another duty after an initial distress has occurred.
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After Seth Shapiro failed to pay rent on his workshop, the landlord seized equipment once. When Shapiro still owed arrears, the landlord returned and seized additional tools under a second distress to pressure payment.
Santiago Sanchez's landlord seized inventory for unpaid rent. After Sanchez held a rally criticizing the seizure, the landlord conducted a second distress on remaining goods to collect the balance.
Simon Stern defaulted on commercial rent. The landlord first distrained computers, then returned for a second distress while Stern's spouse watched, taking office furniture to satisfy the debt.
Skylar Sullivan owed back rent on a storefront. After an initial seizure of stock, the landlord executed a second distress on fixtures while Sullivan's child stood nearby, seeking to force full payment.
Sean Steele's landlord seized restaurant equipment once for unpaid rent. A second distress followed days later while a customer watched, removing remaining appliances to cover the continuing default.
Samantha Stone missed rent payments on her salon. The landlord performed a second distress on chairs and supplies solely to recover arrears, without any claim that the seizure itself caused separate personal injury.
A second distress occurs after an initial seizure has already taken place and the tenant remains in default. It allows the landlord to seize additional property to satisfy the same underlying obligation.
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The remedy of distress historically permitted successive seizures without new process when arrears continued, provided the landlord acted within the scope of the original authority.
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Property exempt from distress under common law or statute remains protected even in a second distress. The landlord may only take non-exempt goods to satisfy the debt.
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…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…