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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

1,609 chars
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 2 days' notice to the tenant, cause the goods and chattels to be inventoried and
appraised by 3 sworn appraisers.

The sheriff of the county, or a constable of the place wherein the distress shall be taken, shall
aid and assist therein and shall summon 3 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
L.1951 (1st SS), c.344

2A:33-10. Sale of distrained property; notice

After the inventory and appraisement, the person distrained for rent shall sell at public vendue
the property so distrained. He shall give 5 days' public notice by advertising the articles to be
sold and the time and place of sale, in at least 3 of the most public places in the municipality
where the distress shall be made, and sell the same for the best price that can be secured
towards satisfaction of the rent and charges of the distress, appraisement and sale, leaving the
overplus, if any, with the sheriff or constable for the owner's use.
L.1951 (1st SS), c.344
2A:33-11. Impounding and sale on premises