Cal. Civ. Code § 713
Grounds where no landlord-tenant relationship exists
Operative Text
§ 713. Grounds where no landlord-tenant relationship exists. A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds: 1. The property has been sold by virtue of an execution against him or a person under whom he claims and a title under the sale has been perfected. 2. He occupies or holds the property under an agreement with the owner to occupy and cultivate it upon shares or for a share of the crops and the time fixed in the agreement for his occupancy has expired. 3. He or the person to whom he has succeeded has intruded into or squatted upon the property without the permission of the person entitled to possession and the occupancy has continued without permission or permission has been revoked and notice of the revocation given to the person to be removed. 4. The property has been sold for unpaid taxes and a tax deed has been executed and delivered to the purchaser and he or any subsequent grantee, distributee or devisee claiming title through such purchaser has complied with all provisions of law precedent to the right to possession and the time of redemption by the former owner or occupant has expired. 5. Subject to the rights and obligations set forth in section thirteen hundred five of this chapter, the property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in the civil practice law and rules, has been exhibited to him. 6. He is the tenant of a life tenant of the property, holding over and continuing in possession of the property after the termination of the estate of such life tenant without the permission of the person entitled to possession of the property upon termination of the life estate. 7. He is a licensee of the person entitled to possession of the property at the time of the license, and (a) his license has expired, or (b) his license has been revoked by the licensor, or (c) the licensor is no longer entitled to possession of the property; provided, however, that a mortgagee or vendee in possession shall not be deemed to be a licensee within the meaning of this subdivision. 8. The owner of real property, being in possession of all or a part thereof, and having voluntarily conveyed title to the same to a purchaser for value, remains in possession without permission of the purchaser. 9. A vendee under a contract of sale, the performance of which is to be completed within ninety days after its execution, being in possession of all or a part thereof, and having defaulted in the performance of the terms of the contract of sale, remains in possession without permission of the vendor. 10. The person in possession has entered the property or remains in possession by force or unlawful means and he or his predecessor in interest was not in quiet possession for three years before the time of the forcible or unlawful entry or detainer and the petitioner was peaceably in actual possession at the time of the forcible or unlawful entry or in constructive possession at the time of the forcible or unlawful detainer; no notice to quit shall be required in order to maintain a proceeding under this subdivision. 11. The person in possession entered into possession as an incident to employment by petitioner, and the time agreed upon for such possession has expired or, if no such time was agreed upon, the employment has been terminated; no notice to quit shall be required in order to maintain the proceeding under this subdivision.
N.Y. Real Prop. Acts & Proc. Law § 713 establishes the circumstances under which a court proceeding to remove an occupant may be brought even when no traditional landlord-tenant relationship exists between the parties. The grounds include situations such as a completed foreclosure or tax sale, expired sharecropping or license agreements, squatting without permission, holdover after a life estate ends, and occupation tied to employment that has since ended. In most cases, a ten-day notice to quit must be served before the proceeding can begin, though § 713 itself carves out exceptions for forcible entry and employment-related occupancy.
Plain English — not legal advice.
Property owners and those who have acquired title through foreclosure, tax sale, or execution sale may look to N.Y. Real Prop. Acts & Proc. Law § 713 as the procedural basis for removing occupants who have no conventional lease relationship with them. Compliant operators generally ensure that the applicable ground under § 713 is clearly established—such as a perfected title, an expired license, or a terminated employment arrangement—before initiating a special proceeding. They also typically confirm that a proper ten-day notice to quit has been served in the manner required by § 735, unless the specific ground (such as forcible entry or employment-based occupancy) expressly waives that requirement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Occupants facing removal under N.Y. Real Prop. Acts & Proc. Law § 713 have the right to contest whether the petitioner has actually satisfied one of the enumerated grounds, including whether proper notice was served or whether a claimed title was validly perfected. For example, a person occupying property after a foreclosure sale may have rights under § 1305 of the Real Property Actions and Proceedings Law that the petitioner must respect before proceeding. Occupants in this situation may find it useful to consult a tenant-rights organization or legal aid provider familiar with § 713 proceedings, and may be able to raise procedural or substantive defenses directly in the special proceeding itself.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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