Terms Used In New Jersey Statutes 2A:39-1

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments and all rights thereto and interests therein. See New Jersey Statutes 1:1-2
2A:39-1. No person shall enter upon or into any real property or estate therein and detain and hold the same, except where entry is given by law, and then only in a peaceable manner. With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S. 2A:18-53 et seq., as amended and supplemented; P.L.1974, c.49 (C. 2A:18-61.1 et al.), as amended and supplemented; P.L.1975, c.311 (C. 2A:18-61.6 et al.), as amended and supplemented; P.L.1978, c.139 (C. 2A:18-61.6 et al.), as amended and supplemented; the “Tenant Protection Act of 1992,” P.L.1991, c.509 (C. 2A:18-61.40 et al.); or N.J.S. 2A:35-1 et seq. and “The Fair Eviction Notice Act,” P.L.1974, c.47 (C. 2A:42-10.15 et al.). A person violating this section regarding entry of rental property occupied solely as a residence by a party in possession shall be a disorderly person.

L.1951 (1st SS), c.344; amended 1971, c.227, s.1; 2005,c.319,s.1.