N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-6
Property subject to distraint for rent
Operative Text
A landlord or his duly authorized agent may, for arrears of rent, distrain: a. The goods and chattels of his tenant, found upon the demised premises, except such as are by law exempt from distraint and except the goods and chattels of another in possession of the tenant; b. The live stock of his tenant, found upon the demised premises or upon premises appurtenant thereto, except the property of another in the tenant's possession; and c. All products of the soil severed from the soil and remaining upon any part of the land charged with such rent; and d. All fruits or products of the soil, growing or being upon the demised premises, which the landlord or his agent may sever and remove from such premises to a safe and proper place on the premises or, if there be no such place thereon, to some other place to be procured by the landlord, due notice of which place shall be given to the tenant or left at his place of abode. The property so subject to distraint shall be appraised, sold and disposed of at the time and in the manner provided in this chapter.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-6, New Jersey law permits a landlord or authorized agent to seize certain property found on rented premises when a tenant owes back rent — a legal process known as distraint. The property that may be seized includes the tenant's personal goods and chattels, livestock on the premises or adjoining land, and crops or other products of the soil that have been harvested or are still growing. Importantly, the law carves out exemptions: property that is legally exempt from distraint and property belonging to third parties (not the tenant) cannot be taken. Any property seized through this process must be appraised, sold, and disposed of according to the procedures set out in the same chapter.
Plain English — not legal advice.
N.J.S.A. 2A:33-1 et seq. § 2A:33-6 gives landlords a specific legal tool — distraint — to recover unpaid rent by seizing qualifying tenant property found on the leased premises. Operators who use this remedy generally act only through themselves or a duly authorized agent, and they take care to identify which property is eligible, since goods belonging to third parties or items exempt by law cannot lawfully be distrained. Landlords who distrain crops or growing products are also expected to sever and remove them to a safe place and provide the tenant with proper notice of where the property is being held, all in accordance with the chapter's appraisal and sale procedures.
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:33-6 defines the boundaries of a landlord's distraint power, which means tenants have legal protections built into the rule itself. Property that belongs to someone other than the tenant — such as goods a tenant is holding for a friend or business — cannot lawfully be seized, nor can property that is otherwise exempt from distraint under New Jersey law. Tenants who believe a landlord has seized property outside these boundaries may wish to consult a tenant-rights organization or legal aid office to understand available remedies, including challenging an improper distraint through the courts.
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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