N.J. DCA Landlord/Tenant Information Series — (English)

Citation
N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction
New Jersey (state)
Source
Official source
Original Source
https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

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Nonpayment and Distraint
A landlord is prohibited from taking or holding a residential tenant’s possessions for
nonpayment of rent. The legal term for this practice is “distraint.” A landlord cannot use distraint
for money owed on a lease or other agreement for a unit used only as a residence (N.J.S.A. 2A:33-
1 to -23).
A tenant may sue for damages resulting from distraint for nonpayment of rent in Superior
Court, Special Civil Part, in the county the building is located or the county in which the landlord
resides. The court may award double damages and costs of legal action to a tenant whose property
was wrongfully distrained, (N.J.S.A. 2A:33-19). Any tenant who removes or conceals any of his
personal property with the intent to delay, hinder, or defraud the landlord shall be liable for the
damages to the landlord if the action of the tenant appears to be willful, the landlord shall be
entitled to recover double damages (N.J.S.A. 2A:33-21).
When a tenant threatens to leave the unit without payment of rent and a landlord has not
yet received a judgement from the court, the landlord may seek a temporary restraining order to
prohibit the tenant from leaving the jurisdiction of the court (Court Rule 4:51-5).
Consumer Fraud Protection
Deception, fraud, misrepresentation, or knowing failure or refusal to provide important
information in connection with the sale or advertisement of real estate is illegal in New Jersey
(N.J.S.A. 56:8-2). An aggrieved consumer may sue for triple damages plus attorney’s fees for
consumer fraud (N.J.S.A. 56:8-19). A tenant may contact the Department of Law and Public
Safety, Division of Consumer Affairs, Office of Consumer Protection, 124 Halsey Street, Newark,
New Jersey 07101, (973) 504-6200, https://www.njconsumeraffairs.gov for further