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Commercial Rent Distress
Commercial Rent Distress is a legal procedure that allows landlords to recover unpaid rent from commercial tenants. When a tenant fails to fulfill their rental obligations, such as non-payment or consistent late payment of rent, the landlord can initiate the process of Commercial Rent Distress.
Under the Rent Distress Act of British Columbia, a Landlord can employ a Bailiff to collect rent as soon as it becomes due. On your instruction the tenant business can continue to operate or not. Rent can be collected ongoing or immediately via sale. Lease in place or No Lease in place, our trained and professional staff can assist you in achieving the best and most cost-effective solution for all parties.
Usually, Bailiff costs are paid by the tenant and not the landlord.
Under this process, the landlord has the authority to seize the tenant’s assets or goods located on the premises to offset the outstanding rent amount. The seized assets can include inventory, equipment, furniture, or any other valuables belonging to the tenant. The landlord may then proceed to sell the seized assets to recover the owed rent.
Commercial Rent Distress is regulated by specific laws and regulations, which outline the necessary steps and requirements that both landlords and tenants must follow. These regulations ensure a fair and transparent process, protecting the rights and interests of both parties involved.
It is important for landlords to adhere to the legal guidelines and seek proper legal advice to avoid any potential disputes or complications during the Commercial Rent Distress process. Tenants, on the other hand, should be aware of their rights and responsibilities regarding rental payments to prevent their assets from being seized under this procedure.