Cal. Civ. Code § 763
Redemption by creditor of lessee
Operative Text
§ 763. Redemption by creditor of lessee. In a case specified in section 761, a judgment creditor of the lessee whose judgment was docketed in the county before the precept was issued, or a mortgagee of the lease whose mortgage was duly recorded in the county before the precept was issued, unless by the terms of the lease the lessee shall have waived his right to redeem, or such lessee, or his 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, before such judgment was docketed or such mortgage recorded, or such judgment creditor or mortgagee himself shall have waived in writing his right to redeem, may at any time before the expiration of one year after the execution of the warrant, unless a redemption has been made as prescribed in section 761, file with the court which issued the warrant a notice specifying his interest and the sum due to him, describing the premises, and stating that it is his intention to redeem as prescribed in this section. If a redemption is not made by the lessee, his executor, administrator or assignee within a year after the execution of the warrant, the person so filing a notice, or, if two or more persons have filed such notices the one who holds the first lien, at any time before two o'clock of the day, not a Sunday or a public holiday, next succeeding the last day of the year, may redeem for his own benefit in like manner as the lessee, his executor, administrator or assignee might have so redeemed. Where two or more judgment creditors or mortgagees have filed such notices, the holder of the second lien may so redeem at any time before two o'clock of the day, not a Sunday or a public holiday, next succeeding that in which the holder of the first lien might have redeemed; and the holder of the third and each subsequent lien may redeem in like manner at any time before two o'clock of the day, not a Sunday or a public holiday, next succeeding that in which his predecessor might have redeemed. But a second or subsequent redemption is not valid unless the person redeeming pays or tenders to each of his predecessors who has redeemed the sum paid by him to redeem and also the sum due upon his judgment or mortgage; or deposits those sums with the court for the benefit of his predecessor or predecessors.
N.Y. Real Prop. Acts & Proc. Law § 763 establishes a right for certain third parties—specifically judgment creditors and mortgagees of a lessee whose liens were recorded before a summary proceeding warrant was issued—to redeem a lease after the lessee fails to do so within one year of the warrant's execution. These creditors may file a notice of intent to redeem with the issuing court and, if the lessee does not act first, may redeem in priority order based on lien seniority. A later lienholder's redemption is only valid if that party pays or deposits with the court the amounts owed to each prior redeeming lienholder.
Plain English — not legal advice.
Under § 763, a landlord who has obtained a warrant in a proceeding covered by § 761 should be aware that judgment creditors or mortgagees of the lessee may have up to roughly two years—one year for the lessee, plus sequential windows for lienholders—to redeem the lease. Compliant operators typically track whether any such notices of intent to redeem have been filed with the court before treating the warrant as fully resolved. Awareness of recorded liens against the lessee's interest helps operators anticipate whether third-party redemption rights may extend the timeline.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 763, a lessee's judgment creditors or mortgagees may have independent rights to redeem the lease if the lessee does not act within the one-year window following execution of the warrant. Tenants and their representatives should be aware that a prior written waiver of redemption rights—whether in the lease itself or in a separately recorded instrument—can eliminate these protections. Tenants facing a warrant in a § 761 proceeding may wish to consult a tenant-rights organization or legal aid provider to understand how redemption rights and any waivers interact with their specific lease terms.
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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