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N.J. DCA Landlord/Tenant Information Series — Distraint Law

Citation
N.J. DCA Landlord/Tenant Information Series — Distraint Law
Jurisdiction
New Jersey (state)
Source
Official source

Full Text

1,715 chars
Where any judge or magistrate is required or authorized to issue a warrant of distress for the
levying of a penalty inflicted, or sum of money directed to be paid by any law, and no mode is
provided for the disposal of the distress, the judge or magistrate may order the chattels, to be so
distrained, sold and disposed of within the time to be limited in the warrant, which time shall
not be less than 4 nor more than 10 days, unless the penalty or sum of money, together with
reasonable charges, to be taxed by the judge or magistrate, of taking and keeping the distress, be
sooner paid.

Reasonable charges of taking, keeping and selling the distress, to be taxed as aforesaid, shall
be deducted by the officer making the distress out of moneys arising from the sale, and the
overplus, if any, after such charges, and also said penalty or sum of money shall be satisfied and
paid, shall be returned on demand to the owner of the chattels so distrained. The officer
executing the warrant shall show the same to the person whose chattels are distrained, and give
him a copy thereof.
L.1951 (1st SS), c.344

2A:33-6. Property subject to distraint for rent

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