N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-9
Time for owner of distrained property to take action; inventory and appraisal; aid of officers
Operative Text
2A:33-9. If the tenant or owner of property distrained for rent shall not, within 10 days next after the distress taken and after notice thereof, and of the cause of the taking, has been left at the main dwelling house or other most conspicuous place on the premises charged with the rent distrained for, commence an action or otherwise lawfully proceed to recover possession of said property or set aside or end the distraint, the person distraining may, after the distress, notice and expiration of 10 days, on two days' notice to the tenant, cause the goods and chattels to be inventoried and appraised by three sworn appraisers. The sheriff of the county of the place wherein the distress shall be taken, shall aid and assist therein and shall summon three appraisers for such service and shall swear them well and truly to appraise the same, at the true and intrinsic value thereof, according to their best understanding.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-9, when a landlord seizes a tenant's property as security for unpaid rent (a process called distraint), the tenant or property owner has 10 days after receiving notice of the seizure to take legal action, recover the property, or otherwise challenge the distraint. If no such action is taken within that window, the distraining party may—after giving two additional days' notice to the tenant—have the seized goods inventoried and formally appraised by three sworn appraisers. The county sheriff is required to assist in this process by summoning and swearing in the appraisers, who must value the property at its true and intrinsic worth.
Plain English — not legal advice.
Property owners or managers who pursue a distraint action under N.J.S.A. 2A:33-1 et seq. § 2A:33-9 generally ensure that proper written notice of the seizure and its cause is left at the tenant's main dwelling or the most conspicuous place on the premises, and that they track the 10-day response window carefully. If the tenant does not act within that period, a compliant operator provides the required two days' additional notice before arranging for the county sheriff to summon three sworn appraisers. Maintaining thorough documentation of each step—notice delivery, dates, and the appraisal process—is a hallmark of operators who follow 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:33-9 gives tenants or property owners a 10-day period after receiving notice of a distraint to commence a legal action, seek to recover the seized property, or otherwise challenge the seizure before the landlord can move forward with a formal appraisal. Tenants who believe a distraint was improper or that proper notice was not given may have grounds to contest the process, including raising procedural defects as a defense in court. Consulting a tenant-rights organization or legal aid service familiar with New Jersey landlord-tenant law can help a tenant understand the options available under this provision.
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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