N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-17
Wrongful distress and sale for rent; remedy
Operative Text
If a distress and sale shall be made for rent not in fact due the person distraining or for whom the distress is taken, the owner of the property distrained, shall be entitled to recover double the value of the property so distrained and sold, together with full costs of any action.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-17, when a landlord seizes and sells a tenant's property through the distress process to collect rent that was not actually owed, the law provides a remedy to the property owner whose goods were wrongfully taken. The affected party is entitled to recover twice the value of the distrained and sold property, plus full court costs. This provision creates a financial deterrent against improper use of the distress remedy by making wrongful seizures costly for the party who initiated them.
Plain English — not legal advice.
Property owners and managers who use the distress process to collect unpaid rent must ensure that the rent claimed is genuinely owed before initiating any seizure or sale of a tenant's belongings, as N.J.S.A. 2A:33-1 et seq. § 2A:33-17 imposes double-value liability plus full costs when distress is taken for rent not actually due. Compliant operators typically maintain thorough, up-to-date rent ledgers and payment records to confirm the precise amount owed before pursuing any distress action. Careful recordkeeping and verification of outstanding balances are hallmarks of responsible practice 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. § 2A:33-17 gives tenants whose property has been wrongfully seized and sold under a distress action a right to recover double the value of that property along with full costs of any legal action. If a landlord distrained goods for rent that was not actually owed, this provision may provide a basis for a civil claim against the distraining party. Tenants in this situation may wish to document the value of seized property, gather proof of rent payments, and consult a tenant-rights organization or legal aid office to understand available options.
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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