Filing a Complaint for unlawful entry and detainer
Any legal action for a forcible unlawful entry and detainer, forcible detainer and unlawful detainer
shall be brought before the Superior Court, and the court may hear and make a determination in that
action. If a landlord enters the rental unit unlawfully, a trespass complaint may be filed with the
local police department, under the New Jersey Criminal Code for “defiant trespass”.
A tenant or landlord depending on the judge’s decision shall be entitled to possession of the real
property and shall recover all damages that may have been caused by the unlawful entry and
detainer, including court costs and attorney’s fees. When it is not appropriate to return the person to
possession of the premises, triple damages shall be awarded.
Access to the property
Pursuant to State regulations governing the maintenance of multiple dwellings, N.J.A.C. 5:10-1.1 et
seq., the Bureau of Housing Inspection or an authorized representative has the authority to enter and
inspect at any reasonable times any multiple dwelling units. A multiple dwelling is a building with
three or more independent dwelling units. It is the duty of the landlord to notify the tenant when the
Bureau of Housing Inspection has scheduled the property for an inspection.
The same regulations provide that upon reasonable notification tenants must give the landlord and
the landlord’s employees access to the dwelling unit for the purpose of inspection and maintenance.
Reasonable notification is normally one day. However, in the case of safety or structural
emergencies immediate access shall be granted.
Consent of the tenant is required for inspection of the tenant’s private living quarters, except in the
following cases: