Articles Tagged with “Illegal Lockout”

A prior post explained that when a tenant is illegally locked out of her apartment, she may pursue an unlawful detainer action under New Jersey’s Unlawful Detainer statute, N.J.S.A. 2A:39-1 et. seq. An unlawful detainer case proceeds in two stages. At the first stage, the court will determine whether the tenant had a right to possession of an apartment and whether that possession was wrongfully denied. Secondly, the court will determine what damages the tenant suffered. At the damage stage, tenants should know what damages can be recovered under the Unlawful Detainer statute.
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In New Jersey, tenants have a right to possession of their apartments. Generally, this means that once a tenant has a right to occupy an apartment he may do so to the exclusion of others. One fairly common violation of this right is a landlord’s interference with a tenant’s possession by way of an illegal lockout. Illegal lockouts happen for many reasons. They are used in an effort to force tenants to pay more in rent, to change the terms of a lease or otherwise affect a tenant’s behavior. Fortunately for tenants, Illegal lockouts are forms of self-help, prohibited by N.J.S.A. 2A:39-1 et seq.
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