Legal Definitions - distrainer

A distrainer is an individual or entity who legally seizes another person's property without a court order, typically to compel payment of a debt or performance of an obligation. This action, known as "distress," is usually based on a specific legal right, often outlined in a contract or statute.

Here are a few examples to illustrate this concept:

• Example 1: Commercial Landlord and Unpaid Rent

  A commercial tenant operating a retail store has fallen significantly behind on rent payments. The landlord, after providing proper notice as required by the lease agreement and local law, enters the premises and seizes some of the tenant's inventory and display fixtures. The landlord intends to hold these items until the outstanding rent is paid.

  In this situation, the landlord is the distrainer because they are the party exercising their legal right to seize the tenant's property to recover the unpaid rent.

• Example 2: Historical Agricultural Dispute

  Historically, if a farmer's livestock (such as cattle) trespassed onto a neighbor's land and damaged crops, the neighbor often had a common law right to seize and impound the trespassing animals. The neighbor would hold the livestock until the farmer paid for the damages caused by the trespass.

  Here, the neighbor who seized the trespassing livestock would be considered the distrainer. They took possession of the property (the cattle) to compel the farmer to fulfill their obligation to pay for the damages.