Legal Definitions - distrain

To distrain means to legally seize and hold someone's personal property as a way to compel them to fulfill a financial obligation, such as paying overdue rent or other debts.

• Imagine a small business that rents office space. If the business fails to pay its rent for several months, the landlord might legally distrain the office furniture, computers, and other equipment belonging to the business. The landlord would hold these items until the overdue rent is paid, thereby compelling the tenant to meet their financial obligation.

  This example illustrates distraining because the landlord is seizing the tenant's personal property (office equipment) to force the tenant to pay their outstanding rent.

• Consider a situation where an individual rents a storage unit for their household goods. If they repeatedly miss their monthly payments, the storage facility owner might have the legal right to distrain the contents of the unit. The owner would then hold these items, preventing the renter from accessing them, until all outstanding storage fees are settled.

  This demonstrates distraining as the storage facility owner is taking possession of the renter's property within the unit to compel the renter to fulfill their financial obligation of paying the storage fees.