Cal. Civ. Code § 250.304
Collection of Rent by Purchasers at Sheriffs' and Judicial Sales
Operative Text
In the case of a tenant whose right of possession is not paramount to that of the purchaser at a sheriff's or other judicial sale, the latter shall have the right as a landlord to collect by assumpsit or to distrain for rent from the date of the acknowledgment of his deed, except for such fractional part of a quarter as the tenant, if a farmer or one engaged in raising crops or produce, or such fractional part of a month in other cases, as the tenant may, in accordance with the terms of his letting, have paid as an advance payment prior to the date of the acknowledgment of said deed. In the case of a tenant whose right of possession is paramount to that of such purchaser, advance rent paid prior to the date of acknowledgment of the purchaser's deed shall be deemed properly paid though paid prior to its due date, unless it is so paid with the actual notice of the pendency of the proceedings resulting in the sale or with intent to defeat the rights of a purchaser thereat. The right of possession of a tenant for years shall not be deemed paramount to that of a purchaser at a tax sale. The right of possession of a tenant shall be deemed paramount to that of a purchaser at a judicial sale if and only if the letting to him shall precede in point of date the entry of the judgment, order or decree on which such sale was had and also shall precede the recording or registering of the mortgage, deed or will, if any, through which by legal proceedings the purchaser derives title, and shall not be paramount if the letting is made with actual notice to such tenant of the contemplated entry of such judgment, order or decree or of the fact of the execution of such mortgage, deed or other instrument of writing and with intent to avoid the effect thereof.
Under 68 P.S. § 250.304, when a property is sold through a sheriff's sale or other judicial sale, the new purchaser generally steps into the role of landlord and may collect rent starting from the date their deed is formally acknowledged. Whether a tenant's right to remain in the property is 'paramount' to the purchaser's rights depends on the timing of the original lease relative to the judgment or mortgage that led to the sale. Advance rent a tenant already paid is treated differently depending on whether the tenant's possession rights are superior or subordinate to the purchaser's, and whether the tenant had actual notice of the pending proceedings when making that payment. Tenants holding under a tax sale are specifically excluded from claiming paramount possession rights.
Plain English — not legal advice.
Under 68 P.S. § 250.304, a purchaser at a sheriff's or judicial sale who acquires a property with existing tenants should understand that their right to collect rent generally begins on the date the deed is acknowledged. Compliant operators in this situation typically review the timing of each tenant's lease relative to any recorded mortgage, judgment, or decree to determine whether a given tenancy is subordinate or paramount to their title. Where a tenant's possession is subordinate, operators generally account for any advance rent the tenant legitimately paid before the deed acknowledgment date, as that portion may not be collectible again under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.304, tenants whose leases predate the judgment or mortgage that led to a judicial sale may have possession rights that are 'paramount' to the new purchaser, meaning advance rent they paid before the deed was acknowledged is generally considered properly paid. However, this protection does not apply if the tenant had actual notice of the pending proceedings when making the advance payment, or if the payment was made with intent to defeat the purchaser's rights. Tenants facing a change in ownership following a sheriff's or judicial sale may wish to review the timing of their lease and any advance payments made, and can consult a tenant-rights organization or legal aid service for general information about how this provision may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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