Cal. Civ. Code § 731
Commencement; notice of petition
Operative Text
§ 731. Commencement; notice of petition. 1. The special proceeding prescribed by this article shall be commenced by petition and a notice of petition. A notice of petition may be issued only by an attorney, judge or the clerk of the court; it may not be issued by a party prosecuting the proceeding in person. 2. Except as provided in section 732, relating to a proceeding for non-payment of rent, the notice of petition shall specify the time and place of the hearing on the petition and state that if respondent shall fail at such time to interpose and establish any defense that he may have, he may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action. 3. In the city of New York, when the petitioner seeks to make an application pursuant to subdivision two of section seven hundred forty-five of this article, the notice of petition shall advise the respondent of the requirements of subdivision two of section seven hundred forty-five of this article. 4. In an action premised on a tenant defaulting in the payment of rent, payment to the landlord of the full amount of rent due, when such payment is made at any time prior to the hearing on the petition, shall be accepted by the landlord and renders moot the grounds on which the special proceeding was commenced.
Under N.Y. Real Prop. Acts & Proc. Law § 731, a summary eviction or holdover proceeding in New York must be started with both a petition and a notice of petition, and that notice can only be issued by an attorney, a judge, or a court clerk — never by a self-represented party. The notice must generally state the time and place of the hearing and warn the respondent that defenses not raised at that hearing may be barred in future proceedings. In rent-nonpayment cases, if a tenant pays the full amount of rent owed before the hearing takes place, the landlord is required to accept that payment and the basis for the proceeding is rendered moot.
Plain English — not legal advice.
Operators initiating a summary proceeding under § 731 typically ensure that the notice of petition is prepared and issued by a licensed attorney or through the court clerk, since a self-represented landlord cannot issue the notice personally. Compliant operators also confirm that the notice contains all required information — including the hearing date and place and, where applicable, the preclusion warning — before serving it on the respondent. In rent-nonpayment proceedings, operators are aware that § 731(4) obligates them to accept full payment of all rent due if the tenant tenders it before the scheduled hearing, at which point the proceeding's grounds are extinguished.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 731, a respondent named in a summary proceeding has the right to receive a properly issued notice of petition that discloses the hearing time and place, along with a warning that unraised defenses may be waived in later proceedings — making it important to understand what defenses exist before the hearing date. In a rent-nonpayment case, § 731(4) gives a tenant the ability to stop the proceeding by paying the full rent owed at any point before the hearing, and the landlord is required by law to accept that payment. Tenants who believe the notice of petition was improperly issued or that required information was omitted may be able to raise those issues as a defense in the proceeding, and tenant-rights organizations or legal aid offices can help identify available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.