Skip to main content

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

1,600 chars
A person lawfully distraining for rent may impound or otherwise secure the articles distrained
so made, on the part of the premises most convenient for the purpose, and may appraise, sell and
dispose of the same thereon in like manner as a distress taken for rent off the premises. A person
may go upon the place where the articles are impounded or secured, in order to view, appraise,
buy or remove the same on account of the purchaser thereof.
L.1951 (1st SS), c.344

2A:33-12. Selection of articles to be exempted; when by appraisers

From the inventory of the property appraised, the tenant, or in his absence, his agent, attorney,
or member of his family, may select articles, the value of which, according to the appraisement,
shall not exceed $500. If the tenant, or member of his family, his agent or attorney, cannot
readily be found, the selection may be made by the appraisers to be reserved for the family's use.
L.1951 (1st SS), c.344

2A:33-13. Procedure if landlord fails to proceed with appraisement; selection

If the landlord, his attorney or agent shall not, within 2 days after being served with a written
request from his tenant so to do, proceed and have the distrained property appraised, the tenant
may, after 5 days' notice thereof to his landlord, his attorney or agent, apply to the sheriff or a
constable of the county and have the property inventoried and appraised. The property reserved
for the use of the family of the tenant may thereupon be selected as provided by section 2A:33-
12 of this title.
L.1951 (1st SS), c.344

2A:33-14. Officers aiding in execution; fees