N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-18
Wrongful acts after distraint for rent; remedy; damages
Operative Text
When a distress is made for rent justly due and an irregularity or unlawful act shall afterwards be done by the party distraining, or his agent, the distress shall not therefore be deemed unlawful nor the party making it deemed a trespasser ab initio. The party aggrieved thereby shall be entitled to recover full satisfaction for the special damage sustained thereby, and no more. When the plaintiff shall recover such damages, he shall be entitled to his full costs, the same as in other cases of costs.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-18, when a landlord lawfully seizes a tenant's property to collect rent that is genuinely owed, any subsequent irregular or unlawful act committed during that process does not automatically make the entire distress illegal or brand the landlord a trespasser from the outset. Instead, the law limits the consequence to the actual, specific harm caused by the wrongful act itself. The party harmed by the irregularity may recover compensation equal to the special damages actually suffered, along with court costs if they prevail.
Plain English — not legal advice.
Property owners and managers who conduct a distress for rent under N.J.S.A. 2A:33-1 et seq. § 2A:33-18 should be aware that even a valid distress can give rise to liability if any step in the process is carried out improperly. Compliant operators generally ensure that every action taken by themselves or their agents after the initial seizure strictly follows legal procedures, since any deviation can expose them to a damages claim for the specific harm caused. Keeping detailed records of each step in the distress process is a practice commonly associated with operators who manage this risk carefully.
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:33-18 provides that if a landlord or their agent commits an irregular or unlawful act during an otherwise valid distress for rent, a tenant who suffers specific harm from that wrongful act has the right to seek compensation for those actual damages, plus court costs upon a successful recovery. This provision does not void the entire distress, but it does create a legal avenue to address misconduct that occurs during the process. Tenants who believe they have experienced such harm may consider consulting a tenant-rights organization or legal aid office to understand the options available under this statute.
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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