Commercial tenants who are behind in their rent payments are subject to having the landlord seize their inventory or other chattels. The landlord will
Landlord Insolvency: Using a Bailiff
When a landlord is considering distraining or terminating a tenant’s occupancy, he is likely to use the services of a bailiff. The distress against or
Tenant Insolvency: What Happens When the Wrong Goods are Sold?
Occasionally we do not receive any assistance from the debtor in determining which assets, if any, do not belong to them. The BIA allows for a person
Tenant Insolvency: Proposals
Upon filing a proposal, or between the date of the filing of a Notice of Intention to File a Proposal and the filing of the proposal, a commercial
Tenant Insolvency: Property on the Premises
The Courts have found that property on the premises includes only those goods and chattels capable of being located physically on the premises, in
Tenant Insolvency: Right to Retain, Assign or Disclaim Lease
The CTA provides that a Trustee has the right to assign the lease of a bankrupt to a third party. If the lease contains a covenant or condition that
Tenant Insolvency: Distress vs. Termination
Absent a stay of proceedings, the landlord retains the right to distrain against the goods on the premises or terminate the lease. These options are
Insolvency & Rental Property Management: Description of the Property
Ensure you have the correct property. Often the Court Order or appointment document contains the legal description of the property only. Check with
Insolvency & Rental Property Management: Vacancies
Verify the rent roll and inspect each vacant unit. Have the locks changed on all vacant areas to prevent unauthorized use and occupation.