Cal. Civ. Code § 761
Redemption by lessee
Operative Text
§ 761. Redemption by lessee. Where the special proceeding is founded upon an allegation that a lessee holds over after a default in the payment of rent, and the unexpired term of the lease under which the premises are held exceeds five years at the time when the warrant is issued the lessee, his executor, administrator or assignee, at any time within one year after the execution of the warrant, unless by the terms of the lease such lessee shall have waived his right to redeem, or such lessee, executor, administrator or assignee shall have subsequently waived the right to redeem by a written instrument filed and recorded in the office in which the lease is recorded, or if not so recorded, in the office in which deeds are required to be recorded of the county in which the leased premises are located, may pay or tender to the petitioner, his heir, executor, administrator or assignee, or if, within five days before the expiration of the year he cannot be found with reasonable diligence within the city or town wherein the property or a portion thereof is situated, then to the court which issued the warrant, all rent in arrears at the time of the payment or tender with interest thereupon and the costs and charges incurred by the petitioner. Thereupon the person making the payment or tender shall be entitled to the possession of the demised premises under the lease and may hold and enjoy the same according to the terms of the original demise, except as otherwise prescribed in section 765.
Under N.Y. Real Prop. Acts & Proc. Law § 761, when a tenant is removed through a summary proceeding for nonpayment of rent and the lease still had more than five years remaining when the eviction warrant was issued, the law provides a window to reclaim the tenancy. Within one year of the warrant's execution, the tenant (or their legal representative or assignee) may pay all overdue rent, interest, and the landlord's costs to restore their right to possession. This redemption right can be lost only if the tenant waived it in the original lease or through a subsequent written instrument properly recorded in the appropriate county office.
Plain English — not legal advice.
Operators managing long-term leases — those with more than five years remaining at the time a warrant issues — should be aware that § 761 preserves a one-year redemption window for the displaced tenant. A compliant operator generally keeps clear records of all rent arrears, accrued interest, and costs incurred during the proceeding, since those are the amounts a redeeming tenant must pay. Landlords also typically review lease language carefully to determine whether a valid, recorded waiver of redemption rights exists before treating a warrant as a final resolution of the tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 761, a tenant removed for nonpayment of rent may have up to one year after the warrant's execution to reclaim their tenancy by paying all back rent, interest, and the landlord's costs — but only if the original lease had more than five years left when the warrant was issued. Tenants in this situation can explore whether a waiver of redemption rights appears in their lease or was later recorded in the appropriate county office, since such a waiver would eliminate this option. Consulting a tenant-rights organization or reviewing resources through a local rent board can help clarify whether this redemption path is available and what procedural steps are generally involved.
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.