Bailiff in Ontario Bailiff Tenant Distress Commercial Tenants Bailiff Seizure of Assets when Tenants do not pay their rent.    

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Legal Note: The materials contained herein are not intended to, and do not constitute legal advice.

Often Bailiffs are approached by Ontario Commercial Landlords, whose tenant is in arrears, with the request "Lock Them Out". Their intent being to hold the goods located inside the leased premises as ransom or to liquidate the goods to recover rental arrears.

As a result we are regularly explaining that among the remedies available to Ontario Commercial Landlords the procedures known as TERMINATION (a.k.a. lock them out) and DISTRESS (seizure / sale) are inconsistent remedies in law, meaning they cannot be conducted simultaneously.

Recent court precedence takes the position that when a landlord, while intending to distress, changes the locks (preventing the tenant access to the premises) they are deemed to have terminated the lease. In addition to forfeiting the goods a landlord may also be liable to the tenant for costs, loss of business and punitive damages.

When a tenant has failed to pay the rent, the landlord has one of two options available:


A landlord can hire a Bailiff to seize and dispose of a tenant’s property that is contained within the rented premises.

The landlord is not required to give advance notice of seizing the tenant’s property, unless the lease provides for it. However, Ontario Bailiffs are required to notify the tenant of the distress and the sum of monies required to cure the default before proceeding to sell the seized property.

Before disposing of seized property, the Bailiff must hold it for five days. If the proper payment is made by the tenant in this five day period, the Bailiff is not permitted to sell the tenant’s property. Otherwise, after the proper appraisals are made, the property can be sold. There must be 2 independent accredited personal property appraisals done before liquidation of the assets can be sold.

January 1st – rent due and not paid
January 2nd or later – seize tenant’s property and notify the tenant of intent to dispose

Five days after seizure – obtain 2 appraisals and dispose of tenant’s property if the proper payment is not made by the tenant.

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LEGAL NOTE: This website is a marketing medium and is not a "Bailiff Company". This website enables an umbrella of a "Strategic Alliance of Bailiff Companies" located throughout Ontario to advertise as a collective group. These Companies have been selected based on their region; appointment from the Ministry of Consumers Protection Branch, reputation and professionalism. The Bailiff Appointments and licenses have been granted by the Registrar of Bailiffs to provide coverage areas by waive of consents for the Province of Ontario.