New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
ACTIONS FOR UNLAWFUL ENTRY OR DETAINER
N.J.S.A. 2A:39-1 through 2A:39-8
Printed February 2008
2A:39-1 Unlawful entry prohibited.
No person shall enter upon or into any real property or estate therein and detain and hold the
same, except where entry is given by law, and then only in a peaceable manner. With regard to
any real property occupied solely as a residence by the party in possession, such entry shall not
be made in any manner without the consent of the party in possession unless the entry and
detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq., as amended and
supplemented; P.L.1974, c.49 (C.2A:18-61.1 et al.), as amended and supplemented; P.L.1975,
c.311 (C.2A:18-61.6 et al.), as amended and supplemented; P.L.1978, c.139 (C.2A:18-61.6 et
al.), as amended and supplemented; the "Tenant Protection Act of 1992," P.L.1991, c.509
(C.2A:18-61.40 et al.); or N.J.S.2A:35-1 et seq. and "The Fair Eviction Notice Act," P.L.1974,
c.47 (C.2A:42-10.15 et al.). A person violating this section regarding entry of rental property
occupied solely as a residence by a party in possession shall be a disorderly person.
L.1951 (1st SS), c.344, amended 1971, c.227, s.1; 2005,c.319,s.1.
2A:39-2. Forcible or unlawful entry and detainer defined