Legal Definitions - distraint

Distraint refers to the legal right or act of seizing and holding personal property belonging to another person to compel them to fulfill an obligation, such as paying a debt or performing a duty. This action is typically taken without a prior court order, serving as a form of self-help remedy. While historically common, modern laws often regulate or restrict the circumstances under which distraint can be exercised, particularly concerning landlords and tenants, to protect the rights of property owners.

• Example 1: Commercial Lease Default

  A commercial landlord, whose tenant has failed to pay rent for three consecutive months, exercises their right of distraint as outlined in the lease agreement and local statutes. The landlord legally enters the leased premises and seizes valuable office equipment belonging to the tenant, such as computers and furniture. The landlord holds this property until the outstanding rent is paid, or they may be permitted to sell it to recover the debt.

  This illustrates distraint because the landlord, without first obtaining a court judgment for the debt, takes possession of the tenant's property to compel the payment of overdue rent.

• Example 2: Unpaid Taxes

  A small business owner has accumulated a substantial amount of unpaid business taxes. After repeated notices and warnings, the tax authority issues a warrant of distraint. Agents from the tax office arrive at the business premises and seize inventory, cash from the register, and a company vehicle. This property is held by the tax authority and will eventually be sold to satisfy the outstanding tax debt if the owner does not pay.

  Here, distraint is demonstrated by the government's direct seizure of the business's assets to recover unpaid taxes, acting without needing a separate court order for each specific seizure.