Short answer
No. The Department of Community Affairs says self-help evictions and lockouts by a landlord are illegal in New Jersey, including padlocking the door, changing the locks or shutting off utilities to force a tenant out. A landlord who refuses to let a tenant back in after a police warning may be charged. Only a judge can order an eviction.
What counts as self-help
The bulletin defines self-help eviction as the landlord, or someone acting for the landlord, entering the unit without the tenant's permission and without a court judgment and forcing the tenant to move. A lockout is padlocking the door or changing the locks while the tenant is away and refusing re-entry. The bulletin says shutting off utilities to force a move is also a lockout. All of these are illegal in New Jersey.
What happens if you try
If a landlord attempts a self-help eviction or lockout, the bulletin says the tenant should call the police. If the landlord still refuses to allow the tenant back in after the police have warned the landlord, the landlord may be charged with a disorderly person's offense. A deal to sell a house is not a reason the law treats differently. The sale contract may even be at risk if a buyer learns of a lockout.
The lawful route
The lawful route is a court case. The landlord files a complaint with the Clerk of the Special Civil Part, both sides attend the hearing, and if the landlord wins a judgment for possession, a warrant for possession can follow after three business days. The tenant then has three business days to move out after the warrant is served. The landlord must let the tenant remove belongings and may arrange storage but cannot keep them.
Utilities and unpaid rent
The bulletin makes a point that surprises landlords. A tenant may not be evicted for nonpayment of rent if the tenant used the unpaid part of the rent to keep utilities running after receiving notice that services were in danger of being discontinued, if the landlord was responsible for those utilities and did not pay. Electric, gas, water and sewer are covered. Pay required utility bills so a dispute does not complicate a sale.
Other ways to a sale
If the goal is a sale, there are lawful options: sell with the tenant in place, wait for a lease to end, or negotiate a voluntary move-out with your attorney's help. Kaizen Home Buyers makes cash offers on New Jersey houses as-is, with no repairs and no agent commission. We can give an offer within 24 hours and close in 14 to 30 days or on the date you choose. Call 267-329-0084.