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Tuesday, July 15, 2014

2A:42-11. Action for rent

When a tenant for life shall die before or on the day on which rent was reserved or made payable, upon a lease of real estate which determined on the death of the tenant for life, the executors or administrators of the tenant for  life may in an action recover from the undertenant of the real estate, the  whole, if the tenant for life dies on the day the same was made payable, or if  before that day, then a proportion thereof, according to the time the life  tenant lived in which the rent was growing due, making all just allowances or a  proportional part thereof, respectively.
L.1951 (1st SS), c.344.
2A:42-13.  Action for use and occupation;  parol agreement for rent    The landlord, his heirs or assigns, may, where the agreement is not in writing, recover a reasonable satisfaction for the real estate, held or occupied by the defendant, in an action for the use and occupation of what was so held or enjoyed.

    No such action shall be defeated by a parol lease or agreement whereon a certain rent was reserved, but no damages may be recovered in excess of the amount of the rent so reserved.

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