N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-10
Sale of distrained property; notice
Operative Text
2A:33-10. After the inventory and appraisement, the person distrained for rent shall sell at public vendue the property so distrained. He shall give five days' public notice by advertising the articles to be sold and the time and place of sale, in at least three 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 for the owner's use.
Under N.J.S.A. 2A:33-10, when a landlord has seized a tenant's property as security for unpaid rent (a process called 'distress'), the seized goods must be sold at a public auction after they have been inventoried and appraised. Before the sale can occur, at least five days of public notice must be given by posting advertisements in at least three prominent public locations within the municipality where the seizure took place. Any money raised beyond what is needed to cover the unpaid rent and the costs of the distress, appraisal, and sale must be left with the sheriff for the benefit of the property owner (the tenant whose goods were seized).
Plain English — not legal advice.
Property owners or managers who pursue a distress action under N.J.S.A. 2A:33-10 are generally expected to follow a strict procedural sequence: completing a proper inventory and appraisal before any sale, posting public notice in at least three prominent municipal locations for a minimum of five days, and conducting the sale as a public auction aimed at achieving the best available price. Proceeds beyond the amount owed for rent and associated costs must be turned over to the sheriff for the tenant's benefit rather than retained. Operators typically document each step carefully to demonstrate compliance with the notice and sale requirements set out in this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:33-10 establishes procedural protections for tenants whose property has been seized under a distress action, including mandatory public notice and a public auction process designed to obtain a fair price. Importantly, any sale proceeds that exceed the rent owed and the costs of the distress process must be preserved for the tenant through the sheriff. Tenants who believe these procedures were not followed—such as insufficient notice or failure to return a surplus—may wish to consult a tenant-rights organization or legal aid provider to understand what remedies or defenses may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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