Cal. Civ. Code § 732
Special provisions applicable in non-payment proceeding if the rules so provide
Operative Text
§ 732. Special provisions applicable in non-payment proceeding if the rules so provide. If the appropriate appellate division shall so provide in the rules of a particular court, this section shall be applicable in such court in a proceeding brought on the ground that the respondent has defaulted in the payment of rent; in such event, all other provisions of this article shall remain applicable in such proceeding, except to the extent inconsistent with the provisions of this section. 1. The notice of petition shall be returnable before the clerk, and shall be made returnable within ten days after its service. 2. If the respondent answers, the clerk shall fix a date for trial or hearing not less than three nor more than eight days after joinder of issue, and shall immediately notify by mail the parties or their attorneys of such date. If the determination be for the petitioner, the issuance of a warrant shall not be stayed for more than five days from such determination, except as provided in section seven hundred fifty-three of this article. 3. If the respondent fails to answer within ten days from the date of service, as shown by the affidavit or certificate of service of the notice of petition and petition, the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed ten days from the date of service, except as provided in section seven hundred fifty-three of this article. 4. The notice of petition shall advise the respondent of the requirements of subdivisions 1, 2 and 3, above.
N.Y. Real Prop. Acts & Proc. Law § 732 establishes an accelerated procedural track for nonpayment-of-rent proceedings in courts where the applicable appellate division has adopted it by rule. Under this framework, the notice of petition must be made returnable to the clerk within ten days of service, and if the tenant responds, a trial or hearing is scheduled within three to eight days of issue being joined. If the tenant does not answer within ten days of service, a judge may enter a default judgment for the landlord and can stay the issuance of a warrant for up to ten days, with longer stays available only under § 753 of the same article.
Plain English — not legal advice.
Property owners and managers initiating nonpayment proceedings in courts that have adopted § 732 by appellate division rule generally ensure that the notice of petition is directed to the clerk and is made returnable within the ten-day window specified by the provision. Compliant operators also confirm that the notice of petition itself advises the respondent of the answer deadline, the trial-scheduling timeline, and the default-judgment consequences outlined in subdivisions 1 through 3 of § 732. Because the accelerated schedule compresses key deadlines significantly compared to standard proceedings, operators familiar with this track typically maintain organized service records and affidavits to support any default-judgment application.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Real Prop. Acts & Proc. Law § 732, tenants in courts where this accelerated track applies have a ten-day window from the date of service to file an answer, and missing that deadline can result in a default judgment and a warrant of eviction being issued. The notice of petition itself is required by subdivision 4 of § 732 to inform the respondent of these deadlines, so reviewing that document carefully upon receipt is important for understanding the timeline. Tenants who believe a proceeding under § 732 was improperly initiated, or who may qualify for a stay under § 753, can explore their options by contacting a local tenant-rights organization or a legal aid office familiar with housing court procedures in the relevant jurisdiction.
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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