Eviction
Eviction > Eviction Definition

The only person who can legally evict you is a court officer with a warrant for removal issued by a judge. A judge can give this warrant only after a court hearing at which the landlord has shown the court that under the facts of the case and the eviction laws, she/he has a right to possession of your apartment. In New Jersey, it is illegal for a landlord to evict you without going through the steps described above.

:: Illegal Evictions

Evictions are illegal when the landlord performs certain illegal acts to try to force the tenant out. These are also known as "self-help" evictions. All of the following acts to try to evict a tenant are illegal:

  • shutting off the water, electricity, or gas to try to force you to move out
  • locking you out of the rental
  • holding or taking your clothing or furniture. This is illegal even if you owe rent.

A landlord who does any of these things is breaking the law and can be taken to court. A landlord or any other person who enters an apartment or property without a court order authorizing such entry and/or holds your belongings unlawfully by force or by threat of money owed may be liable to damages to you. If you are evicted in this way, you may file a complaint with the Clerk of the Landlord-Tenant Court in the county where the illegal eviction was occurred.