OPTION 2: BAILIFF CAN SEIZE AND DISPOSE OF A TENANT'S PROPERTY - (DISTRESS)
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.