Illegal Self-Help Evictions in New Jersey: What Renters Need to Know
If you’re renting a home or apartment in New Jersey, it’s important to understand your rights, especially if your landlord tries to force you out without a court order. In New Jersey, “self-help” evictions—when a landlord tries to remove a tenant without going through the legal process—are strictly prohibited. This guide explains what counts as a self-help eviction, why it’s illegal, and what steps you can take to protect yourself, using current New Jersey law and government resources.
What Is a Self-Help Eviction?
"Self-help eviction" means a landlord tries to force a tenant out by bypassing the court process. This includes actions like changing the locks, shutting off utilities, or removing your belongings—without a court order from the New Jersey Superior Court's Landlord-Tenant section.
- Changing or installing new locks on the door to prevent you from entering
- Shutting off heat, water, electricity, or other necessary utilities
- Removing your belongings from the home or apartment
- Threatening or harassing you to make you leave
- Blocking your entry or intimidating you out of your rental
All of these actions are illegal unless the landlord has a court-ordered eviction.
New Jersey Law: Renters Are Protected From Self-Help Evictions
New Jersey law offers strong protections for renters. Under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.), a landlord must follow a legal eviction process, which includes:
- Serving the tenant with proper notice, usually written and stating the reason for eviction
- Filing a complaint in the Landlord-Tenant section of the Superior Court
- Obtaining a court judgment for eviction
- Having a court officer (not the landlord) serve the Warrant of Removal
Even after these steps, only an official court officer is allowed to physically remove a tenant. The landlord cannot remove you themselves.
Official Tribunal Handling Eviction Cases
All residential eviction cases in New Jersey are handled by the Landlord-Tenant section of the New Jersey Superior Court.
What Should You Do If Your Landlord Tries a Self-Help Eviction?
If a landlord attempts illegal eviction tactics, you have rights and options. Here’s what you can do:
- Call your local police department immediately—explain that you are being locked out or your utilities are being shut off without a court order.
- Document everything: Take pictures of any changes (e.g., new locks), notes of what happened, and any communication from your landlord.
- File an "Order to Show Cause" with the Superior Court: This legal filing asks the court to step in and order your landlord to let you back in or restore services.
Relevant Official Forms for Renters
-
Order to Show Cause (Form L-102) — This form is used if you need emergency relief from the court, for example, to be let back into your home after an illegal lockout.
Example: If your landlord changes the locks without a court order, you can fill out and submit this form to ask the court to order your landlord to allow you back in immediately.
Order to Show Cause (Form L-102)
There is no statewide "lockout complaint" form, but the Order to Show Cause is the primary remedy for immediate action.
How to Take Action Against an Illegal Self-Help Eviction
Taking legal steps to protect your rights is important, and time is often critical. Here’s a step-by-step guide for New Jersey renters facing a self-help eviction:
- Step 1: Write down details of the incident (date, time, nature of landlord action, names of witnesses).
- Step 2: Call your local police non-emergency line—many local police are aware that "self-help" evictions are illegal.
- Step 3: Complete and submit the Order to Show Cause form at your local Superior Court courthouse or online (if available in your county).
- Step 4: Attend the court hearing if scheduled, bringing documentation and any evidence.
Why Landlords Must Use the Courts
New Jersey’s eviction laws are designed to ensure fairness and due process for both tenants and landlords. Skipping court not only puts landlords at legal risk, but it also means renters can recover damages and get back into their homes. For more, review the New Jersey Statutes – Title 2A and the Anti-Eviction Act.
Frequently Asked Questions
- Can my landlord lock me out without a court order in New Jersey?
No. Lockouts without a court-issued order and officer are illegal under New Jersey law. - What should I do if my landlord shuts off my utilities to force me out?
Document the shutdown, call your local police, and file an Order to Show Cause with the Superior Court. - Is it legal for a landlord to remove my belongings or change my locks?
No. Only a court officer, following a legal eviction order, can remove you or your belongings. - Which court handles eviction issues in New Jersey?
The Landlord-Tenant section of the New Jersey Superior Court handles all eviction matters. - How do I report an illegal lockout?
Call the police immediately and then file the Order to Show Cause form at your local Superior Court.
Key Takeaways for New Jersey Renters
- Self-help evictions are strictly illegal in New Jersey—your landlord must go through the courts.
- You can seek quick court relief using the Order to Show Cause form if illegally locked out.
- Document every incident and reach out to law enforcement and the courts for protection.
Knowing your rights helps protect your home and personal safety. Stay informed and use the proper forms if you are threatened by illegal eviction tactics.
Need Help? Resources for Renters
- New Jersey Superior Court – Landlord-Tenant Section: For forms, locations, and eviction process information.
- New Jersey Department of Community Affairs – Landlord-Tenant Information: Answers to common tenant rights questions and contact information.
- New Jersey Division of Consumer Affairs: Help with filing complaints against landlords for violations.
- For tenants unable to afford legal help: Contact Legal Services of New Jersey for free assistance, or call 1-888-LSNJ-LAW.
- New Jersey Statutes Annotated (N.J.S.A.) 2A:18-61.1 et seq. Anti-Eviction Act
- New Jersey Courts, Landlord-Tenant Section
- Department of Community Affairs, Truth in Renting Guide (current edition)
- Order to Show Cause Form L-102: Official PDF
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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