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Home > Disputes > Just the Facts > Landlord Remedies > Distress for Non-Payment of Rent

Distress for Non-Payment of Rent

'Distress’ or ‘distrain’ is a remedy that you can pursue without having to go to court. Distress can only be used to recover money owed for rent. The right to distress arises as soon as rent is late. The process of distress allows you to hire a civil enforcement agency to seize property from the rented premises in order to recover the rent money owed. You do not have to give a tenant any warning or notice before distraining.

Considerations in using this process are:

  • the amount of rent owed, and

  • the cost of the process and whether any proceeds of sale of the property will make it worthwhile.

You cannot distrain for rent and also terminate the tenancy. It is not possible to do both. If you distrain for rent after terminating the lease, you may be liable for unlawful seizure.

Using distress, you may only seize property located on the leased premises. However, there is also a remedy described in the Distress for Rent Act 1737 which applies in Alberta and allows you to seize property that has been removed from the rented property and taken to another place.

A tenant can file a Notice of Objection to distress taking place.

Things to know about distress (see sidebar links):

  • Notice of Objection

  • Property belonging to others

  • What property can be seized

  • Sale of property by civil enforcement agency

  • Seizing property away from the rented premises (Distress for Rent Act 1737 )

  • Process to initiate distress

January 2006
Landlord Remedies:Remedies During TenancySubstantial Breach by TenantDistress for Non-Payment of RentApply to Court for Possession of PropertyApply to Court for Damages or ArrearsVacate Notice to Non-TenantLandlord Regaining PossessionOne-time Fees


More on Distress for Non-Payment of Rent: Process to Initiate Distress Property Belonging to Others Sale of Property by Civil Enforcement Agency Seizing Property Away from Rented Premises What Property Can Be Seized