N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-7
Limitation of right to distrain for rent
Operative Text
No landlord shall at one time distrain for more than 1 year's arrears of rent, and such distraint shall be made within 6 months after the rent becomes due, or, if the rent is payable in installments, within 6 months after the entire year's rent has become due.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-7, New Jersey law places two firm limits on a landlord's right to distrain—that is, to seize a tenant's personal property as security for unpaid rent. First, a landlord may not distrain for more than one year's worth of back rent at any single time. Second, the distraint must occur within six months after the rent becomes due, or, when rent is paid in installments, within six months after the full year's rent has come due.
Plain English — not legal advice.
Property owners and managers operating under New Jersey law should be aware that N.J.S.A. 2A:33-1 et seq. § 2A:33-7 caps any single distraint action at one year's arrears and requires that the action be initiated within the applicable six-month window. Compliant operators generally track rent-due dates carefully so that any distraint proceeding is commenced before that window closes. Allowing the deadline to lapse or attempting to recover more than one year's arrears in a single distraint action would place the landlord outside the bounds of 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:33-7 gives tenants a statutory shield against distraint actions that exceed one year's arrears or that are brought outside the six-month deadline. If a landlord attempts a distraint that appears to violate either of these limits, a tenant may be able to raise the statutory violation as a defense in the proceeding. Tenants who believe their property has been seized in a manner inconsistent with this provision may wish to 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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