§ 42-33. Rent and costs tendered by tenant. - North Carolina Statutes

§42‑33.  Rent and costs tendered by tenant.

If, in any action brought torecover the possession of demised premises upon a forfeiture for the nonpaymentof rent, the tenant, before judgment given in such action, pays or tenders therent due and the costs of the action, all further proceedings in such actionshall cease. If the plaintiff further prosecutes his action, and the defendantpays into court for the use of the plaintiff a sum equal to that which shall befound to be due, and the costs, to the time of such payment, or to the time ofa tender and refusal, if one has occurred, the defendant shall recover from theplaintiff all subsequent costs; the plaintiff shall be allowed to receive thesum paid into court for his use, and the proceedings shall be stayed. (4Geo. II, c. 28, s. 4; 1868‑9, c. 156, s. 26; Code, s. 1773; Rev., s.2007; C.S., s. 2372.)