By: Joe Sellman
Report Commented On: Residential Tenancies: Distress for Rent, Final Report 122
PDF Version: Distress for Rent in Alberta (Residential Tenancies)
How easy is it for a landlord to have a tenant’s personal property seized and sold without any oversight (either judicial or via the Residential Tenancy Dispute Resolution Service)?
Very! (depending on the circumstances).
A Hypothetical Scenario:
The surprise: You (the tenant) answer the door (to the unit you rent) and a bailiff presents you with some paperwork and tells you they are here to levy “distress for rent”, because you have not paid your rent. They continue to explain they are going to look around your apartment and take your personal property to satisfy the rent you owe to the landlord as well as their costs.
Your response: While you’ve never heard of distress for rent, and wonder if this is even legal, the bailiff seems legitimate. You try and offer to pay the rent now, the bailiff calls the civil enforcement agency and tells you they will only accept cash, certified cheque, bank draft, or money order. Unfortunately, none of those options are available to you right now.
You ask, “shouldn’t the landlord have to give me an opportunity to pay the rent before sending a bailiff? Shouldn’t there be advance notice?” The response is devastating, as these aren’t required for distress for rent.
The outcome: The bailiff leaves with your most valuable personal property, including electronics, jewelry, your rare stamp collection, and a few designer clothes you have. All you are left with is some paperwork saying you have 15 days to object.
It all happened so quickly, and then you remember you have a friend who is a lawyer. You give them a call, the first thing your friend says is “just refuse the bailiff entry”. You didn’t even know that was an option.
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