Written by attorneys · grounded in primary & secondary sources — see below
A common-law remedy by which a landlord or creditor seizes a debtor's personal property without judicial process to satisfy unpaid rent or other obligations.
Sources & Authorities· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
How it applies
Common Examples
6
Landlord Seizes Tenant Goods
Delta Dynamics fell behind on rent owed to its commercial landlord. The landlord entered the premises and removed office equipment to cover the arrears. The seizure occurred without any court order or prior notice to the tenant.
Creditor Takes Farm Equipment
Dwight Dorsey defaulted on a loan secured by his tractor. The lender arrived at the farm and loaded the tractor onto a truck for sale to satisfy the debt. No judicial proceeding preceded the removal.
Restaurant Owner Distrains Inventory
Dixon Foods owed back rent to its shopping-center landlord. The landlord changed the locks and removed perishable stock from the walk-in cooler. The action took place after business hours without any court involvement.
Denise Donovan stopped paying rent after a dispute with her landlord. The manager entered her unit and carried out her living-room set to hold until the arrears were paid. No writ or hearing occurred beforehand.
Warehouse Operator Holds Shipment
Drake Logistics failed to pay storage fees. The operator refused to release the stored pallets and began selling portions of the inventory to recover the charges. The operator acted without obtaining a court order.
Boarding-House Keeper Distrains Luggage
Diane Dawson left without settling her weekly bill. The keeper retained her suitcases and sold the contents at auction to cover the amount due. The retention and sale occurred without any judicial process.
Common questions
Frequently Asked
1
Is distraint still available to residential landlords?+
Uniform acts abolish distraint for rent in residential tenancies. Landlords must instead pursue judicial remedies such as eviction actions or money judgments.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…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…