Distraint refers to the legal process through which a landlord or creditor takes possession of a tenant’s property or goods as security for unpaid rent or debt. This action typically occurs when the tenant has failed to meet their financial obligations, such as rent payments. The landlord or creditor may seize and sell the tenant’s possessions to recover the owed amount. However, there are legal procedures and regulations governing the process of distraint to ensure fairness and protect the rights of both parties involved. In some jurisdictions, modern laws have replaced distraint with other legal remedies, such as eviction or debt collection processes.
The legal right of a landlord to seize a tenant’s personal property to satisfy payment of back rent.
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This glossary post was last updated: 29th March 2024.
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