Part 12 — Distress
104 Distress by landlord
applies:
(a) sections 34(2), 45, 46, 47(1) and 48 apply to the distress as
if it were a seizure made pursuant to writ proceedings;
(a.1) section 47(2) and (3) appl y to the distress as if it were a
seizure made under writ proceedings, except that the notice
of intention referred to in section 47(2) need only be served
on the landlord and on any person who has given notice to
the agency under section 48.1;
(b) a landlord shall not distrain for rent against personal
property that belongs to any person other than the tenant or
a person who is liable for the rent;
(c) clause (b) does not apply in favour of
(i) a person claiming title under or by virtue of writ
proceedings against the tenant,
(ii) a person whose title is deri ved by purchase, gift, transfer
or assignment, or otherwise, from the tenant, whether
absolute or in trust,
(iii) a person who has a security interest in personal property
on the premises other than a person who has a
purchase-money security interest in the personal
property as original collateral or as proceeds,
RSA 2000
(iv) any person involved in a transaction involving the
disposition of the tenant's property for the purpose of
defeating the claim of or the right of distress by the
landlord, or
(v) a relative of the tenant who lives on the premises as a
member of the tenant's family;
(d) except in the case where a tenant has absconded or is about
to abscond from Alberta without leaving in Alberta a spouse
or an adult interdependent partner or any children under the
age of majority,
(i) in the case of a residential tenancy, the property set out
in section 88(a), (b), (c), (e), (h) and (i), and
(ii) in the case of a non-residential tenancy, the property set
out in section 88(a), (b), (c), (e) and (i)
is exempt to a value not exceeding an amount prescribed by
the regulations, and sections 89 to 92 apply in the same
manner as if the tenant or the person who is liable for the
rent were an enforcement debtor and the distress
proceedings were writ proceedings.
RSA 2000 cC-15 s104;2002 cA-4.5 s24;
2002 c17 s1(22);2006 c4 s1