N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-16
Pound breach or rescue; remedy; damages
Operative Text
A person aggrieved by any pound breach or rescue of any property distrained for rent and impounded or otherwise secured by virtue of this chapter, shall in an action at law recover treble damages and costs of any action against the offender or the owner of the property distrained, if it be afterwards found to have come into his use or possession.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-16, when property that has been seized and held as security for unpaid rent is unlawfully freed or taken back — acts known as 'pound breach' or 'rescue' — the injured party has a legal remedy. That remedy allows the aggrieved person to sue in a court of law and, if successful, recover three times the actual damages plus court costs. The liability can extend not only to the person who committed the act but also to the owner of the distrained property if that property later comes into the owner's use or possession.
Plain English — not legal advice.
For property owners and managers who have exercised distraint rights under New Jersey law, N.J.S.A. 2A:33-1 et seq. § 2A:33-16 provides a meaningful enforcement backstop. Compliant operators who have properly impounded or secured a tenant's property for unpaid rent generally document the distraint carefully so that any unauthorized interference with that property can be demonstrated in court. Maintaining clear records of the distrained property's condition, location, and chain of custody supports a treble-damages claim if a pound breach or rescue occurs.
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. § 2A:33-16 is primarily a provision that protects a landlord's distraint action, but tenants should understand its scope: if distrained property is unlawfully freed or reclaimed, the landlord may pursue a civil action for treble damages against the person responsible or against the property owner if the goods end up in their possession. Tenants who believe a distraint was improperly initiated in the first place may have separate defenses available under New Jersey's distraint statutes. Consulting a tenant-rights organization or legal aid service familiar with New Jersey landlord-tenant law can help clarify what options exist when property has been seized for alleged unpaid rent.
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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