N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-1
Authorized distraints; liability for wrongful distraint; prohibition on money owed on lease of residence
Operative Text
Distraints may be taken when authorized by law; but no unreasonable, excessive or wrongful distraint shall be taken, and for any such taking, the distraining party shall be liable in damages to the party aggrieved. No distraint shall be permitted for money owed on a lease or other agreement for the occupation of any real property used solely as a residence of the tenant. L.1951 (1st SS), c.344; amended by L.1971, c. 228, s. 1.
Under N.J.S.A. 2A:33-1 et seq., the practice of 'distraint'—a landlord's seizure of a tenant's personal property to satisfy a debt—is only permitted when specifically authorized by law, and any distraint that is unreasonable, excessive, or wrongful exposes the party who carried it out to liability for damages. Critically, the statute draws a firm line for residential tenancies: no distraint at all is allowed to collect money owed under a lease or other agreement for property used solely as a tenant's residence. This provision effectively eliminates the remedy of distraint as a debt-collection tool in the residential rental context in New Jersey.
Plain English — not legal advice.
Property owners and managers operating residential rentals in New Jersey should be aware that N.J.S.A. 2A:33-1 et seq. bars the use of distraint—seizing a tenant's belongings to recover unpaid rent or other lease-related debts—entirely in the residential context. Compliant operators pursuing unpaid rent rely on lawful alternatives such as court-based eviction or civil judgment proceedings rather than self-help seizure of property. Any attempt to seize a residential tenant's personal property to satisfy a lease debt exposes the landlord to a damages claim under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:33-1 et seq. provides residential tenants in New Jersey with a clear protection: a landlord cannot seize your personal property as a means of collecting rent or other money owed under a residential lease. If a landlord or their agent takes or threatens to take your belongings in connection with a residential tenancy debt, the statute makes that party liable for damages to the aggrieved party. Tenants who believe this protection has been violated may wish to consult a tenant-rights organization or legal aid office to understand the range of options available, including potential civil claims.
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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