Cal. Civ. Code § 763

Redemption by creditor of lessee

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/22/2014New YorkRent Regulation

Operative Text

Cal. Civ. Code § 763
  § 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.
Source: Legislative text reproduced verbatim
Plain English

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.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

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.

For Tenants

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.

Effective Timeline

Current
Sep 22, 2014
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Related Rules

§ 326
Rules and regulations
§ 327
Saving clauses
§ 328
Effect of invalidity in part

Source Information

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Fetched:Sep 13, 2026, 06:30 PM UTC