42-33. Rent and costs tendered by tenant.
If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, before judgment given in such action, pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease. If the plaintiff further prosecutes his action, and the defendant pays into court for the use of the plaintiff a sum equal to that which shall be found to be due, and the costs, to the time of such payment, or to the time of a tender and refusal, if one has occurred, the defendant shall recover from the plaintiff all subsequent costs; the plaintiff shall be allowed to receive the sum paid into court for his use, and the proceedings shall be stayed. (4 Geo. II, c. 28, s. 4; 1868-9, c. 156, s. 26; Code, s. 1773; Rev., s. 2007; C.S., s. 2372.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 42 - Landlord and Tenant
Article 3 - Summary Ejectment.
§ 42-26 - Tenant holding over may be dispossessed in certain cases.
§ 42-27 - LocalRefusal to perform contract ground for dispossession.
§ 42-28 - Summons issued by clerk.
§ 42-30 - Judgment by confession, where plaintiff has proved case, or failure to appear.
§ 42-31 - Trial by magistrate.
§ 42-32 - Damages assessed to trial.
§ 42-33 - Rent and costs tendered by tenant.
§ 42-34 - Undertaking on appeal and order staying execution.
§ 42-34.1 - Rent pending execution of judgment; post bond pending appeal.
§ 42-35 - Restitution of tenant, if case quashed, etc., on appeal.
§ 42-36 - Damages to tenant for dispossession, if proceedings quashed, etc.
§ 42-36.1 - Lease or rental of manufactured homes.
§ 42-36.1A - Judgments for possession more than 30 days old.