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Tuesday, July 15, 2014

2A:18-55. Discontinuance upon payment into court of rent in arrears; receipt

2A:18-55.  Discontinuance upon payment into court of rent in arrears; receipt    If, in actions instituted under paragraph  "b"  of section 2A:18-53 of this  title, the tenant or person in possession of the demised premises shall at any  time on or before entry of final judgment, pay to the clerk of the court the  rent claimed to be in default, together with the accrued costs of the  proceedings, all proceedings shall be stopped.  The receipt of the clerk shall  be evidence of such payment.

    The clerk shall forthwith pay all moneys so received to the landlord, his agent or assigns.
 L.1951 (1st SS), c.344. 2A:18-56.  Proof of notice to quit prerequisite to judgment    No judgment for possession in cases specified in paragraph  "a."  of section  2A:18-53 of this Title shall be ordered unless:

    a.  The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient;  or

    b.  The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient;  or

    c.  The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term's notice to quit, which notice shall be deemed to be sufficient;  and

      d.  It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.

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