The right to distrain arises after the rent is due and a demand for payment has been made. Which statement is correct?

The right to distrain arises after the rent is due and a demand for payment has been made. Which statement is correct?

• A. The day after rent is due and a demand for payment has been made
• B. Immediately on signing the lease
• C. After the tenant vacates
• D. Only after a court order

Answer: (A)

The key idea is a landlord’s right to distress for rent, which is a self-help remedy to recover unpaid rent by seizing the tenant’s goods on the premises. This remedy only becomes available once two things have happened: rent is due, and the landlord has served a demand for payment. That combination is what gives the landlord the authority to distrain, so the right arises the day after rent is due and a demand has been made. It isn’t triggered at the moment the lease is signed, it isn’t activated only after the tenant vacates, and it does not require a court order to be exercised.

The key idea is a landlord’s right to distress for rent, which is a self-help remedy to recover unpaid rent by seizing the tenant’s goods on the premises. This remedy only becomes available once two things have happened: rent is due, and the landlord has served a demand for payment. That combination is what gives the landlord the authority to distrain, so the right arises the day after rent is due and a demand has been made. It isn’t triggered at the moment the lease is signed, it isn’t activated only after the tenant vacates, and it does not require a court order to be exercised.