N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-79
Immunity
Operative Text
9. Nothing in P.L.1999, c.340 (C.2A:18-72 et al.) shall diminish the right of a landlord of a nonresidential property to use distraint when authorized by law. L.1999,c.340,s.9.
Under N.J.S.A. 2A:18-51 et seq. § 2A:18-79, the broader statutory framework governing landlord-tenant matters does not strip away a nonresidential landlord's ability to use distraint—a legal remedy allowing a landlord to seize a tenant's property to satisfy unpaid rent—where that remedy is otherwise permitted by law. In other words, this provision acts as a savings clause, preserving a pre-existing right rather than creating a new one. The rule applies specifically to nonresidential properties, such as commercial or industrial spaces, and has no direct effect on residential tenancies.
Plain English — not legal advice.
Operators of nonresidential properties in New Jersey can take note that N.J.S.A. 2A:18-51 et seq. § 2A:18-79 explicitly preserves the distraint remedy for commercial landlords where it is authorized under applicable law. Compliant operators who wish to pursue distraint typically ensure they have a lawful basis for doing so independent of this statute, since § 2A:18-79 only confirms that the broader P.L.1999, c.340 framework does not eliminate that right. Because distraint involves seizing a tenant's property, operators generally consult with qualified legal counsel to confirm the procedural requirements before taking any such action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you occupy a nonresidential space in New Jersey, N.J.S.A. 2A:18-51 et seq. § 2A:18-79 is relevant to understanding that your landlord may retain the right to use distraint against business property under certain legally authorized circumstances. This provision does not expand that right beyond what other law already permits, so tenants in commercial settings may want to examine what conditions must be met before distraint can lawfully occur. Tenant-rights organizations and legal aid resources can help nonresidential tenants understand what procedural protections, if any, apply to a distraint action under New Jersey law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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