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Tuesday, July 15, 2014

2A:18-56 . Proof of notice to quit prerequisite to judgment

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.

L.1951 (1st SS), c.344; amended by L.1975, c. 136, s. 1, eff. July 7, 1975.
 
2A:18-57.  Judgment for possession;  warrant for removal;  issuance    If no sufficient cause is shown to the contrary when the action comes on for  trial, the court shall issue its warrant to any officer of the court, commanding him to remove all persons from the premises, and to put the claimant  into full possession thereof, and to levy and make the costs out of the goods  and chattels of the person in possession.

    No warrant of removal shall issue until the expiration of 3 days after entry  of judgment for possession, except as provided for in chapter 42 of this  Title.

L.1951 (1st SS), c.344; amended by L.1979, c. 392, s. 1, eff. Feb. 6, 1980.
 
2A:18-58.  Execution of warrant;  use of force    An officer, to whom a warrant is issued by virtue of this article, shall obey the command of and faithfully execute the same, and may, if necessary to the execution thereof, use such force as may be necessary.

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