New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
RIGHT OF ENTRY
February 2008
This bulletin provides a brief summary of the statutes pertaining to: forcible or unlawful entry and
detainer; forcible detainer; and unlawful detainer, pursuant to N.J.S.A. 2:A:39-1 et. seq. These are
three separate provisions that address the issues of unlawful entry to a rental unit and the unlawful
withholding of a rental unit (detainer). This bulletin is for informational purposes only and should
not be used for legal interpretations or legal advice. Please consult an attorney for legal services
and advice when necessary.
In general a landlord does not have the right to enter the residential rental premises without consent
of the tenant or a judgment from the Superior Court of New Jersey. Even if given legal authority to
enter the rental premises, the landlord may only enter in a peaceable manner. The landlord may not
use force or violence or the threat of force or violence to gain entry to the premises.
Providing the landlord with a key
If there is no lease provision or written rental rule requiring a key to be given to the landlord, a
tenant is not required to provide a key for the landlord. In New Jersey there is no law that requires a
tenant to give a landlord a key to the rental unit. There is also no law that prohibits a landlord from
keeping a key to a rental unit. A tenant disputing the landlord’s right to a key can simply refuse to
provide the landlord with a key. The landlord may then seek an action for eviction based on the
tenant’s refusal to comply with reasonable lease provisions. The judge would then decide if it is
reasonable for the tenant to supply the landlord with a key.