N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-22
Seizure of property locked up; breaking and entering
Operative Text
2A:33-22. When property is removed by a tenant and put in any place locked up, fastened or otherwise secured, to prevent the said property from being distrained for arrears of rent, the landlord, first calling to his assistance a peace officer, who shall aid and assist therein, may, in the daytime, break open and enter the place, and distrain the said property for the arrears of rent as he might have done if the said property had been put in an open place. If the place where the said property is secured is a dwelling house, oath shall first be made before some judge or magistrate, of a reasonable ground to suspect that the said property is therein.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-22, when a tenant moves property to a locked or secured location in order to prevent a landlord from seizing it for unpaid rent, the law permits the landlord to break into and enter that location during daytime hours—provided a peace officer is present to assist. If the secured location is a dwelling house, the landlord must first obtain a sworn statement before a judge or magistrate establishing reasonable grounds to believe the property is inside. This provision effectively closes a loophole that would otherwise allow tenants to shield property from lawful distraint simply by locking it away.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 2A:33-1 et seq. § 2A:33-22 who seek to distrain property that a tenant has deliberately secured to avoid seizure for rent arrears are generally expected to involve a peace officer before any entry is attempted. When the secured location is a dwelling, compliant operators typically obtain a sworn judicial finding of reasonable suspicion before proceeding. Acting without these procedural steps—peace officer presence, and a magistrate's oath where a dwelling is involved—can expose a landlord to legal liability for unlawful entry.
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:33-22 sets strict procedural requirements that a landlord must meet before breaking into a secured location to seize property for unpaid rent, including the presence of a peace officer and, if the location is a dwelling, a sworn statement approved by a judge or magistrate. Tenants whose homes are entered without these safeguards in place may have grounds to raise a violation of this provision as a defense or basis for a complaint. Tenant-rights organizations and legal aid services can help individuals understand what procedural protections apply and what options may be available when those protections are not followed.
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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