Cal. Civ. Code § 751
Stay upon paying rent or giving undertaking; discretionary stay outside city of New York
Operative Text
§ 751. Stay upon paying rent or giving undertaking; discretionary stay outside city of New York. The respondent may, at any time before a warrant is issued, stay the issuing thereof and also stay an execution to collect the costs, as follows: 1. Where the lessee or tenant holds over after a default in the payment of rent, or of taxes or assessments, he may effect a stay by depositing the amount of the rent due or of such taxes or assessments, and interest and penalty, if any thereon due, and the costs of the special proceeding, with the clerk of the court, or where the office of clerk is not provided for, with the court, who shall thereupon, upon demand, pay the amount deposited to the petitioner or his duly authorized agent; or by delivering to the court or clerk his undertaking to the petitioner in such sum as the court approves to the effect that he will pay the rent, or such taxes or assessments, and interest and penalty and costs within ten days, at the expiration of which time a warrant may issue, unless he produces to the court satisfactory evidence of the payment. 2. Where the lessee or tenant has taken the benefit of an insolvency statute or has been adjudicated a bankrupt, he may effect a stay by paying the costs of the special proceeding and by delivering to the court or clerk his undertaking to the petitioner in such a sum as the court approves to the effect that he will pay the rent of the premises as it has become or thereafter becomes due. 3. Where he continues in possession of real property which has been sold by virtue of an execution against his property, he may effect a stay by paying the costs of the special proceeding, and delivering to the court or clerk an affidavit that he claims the possession of the property by virtue of a right or title acquired after the sale or as guardian or trustee for another; together with his undertaking to the petitioner in such a sum as the court approves to the effect that he will pay any costs and damages which may be recovered against him in an action to recover the property brought against him by the petitioner within six months thereafter; and that he will not commit any waste upon or injury to the property during his occupation thereof.
N.Y. Real Prop. Acts & Proc. Law § 751 establishes mechanisms by which a respondent in a summary proceeding can halt the issuance of a warrant of eviction before it is issued. Depending on the circumstances — such as a rent default, an insolvency or bankruptcy situation, or continued possession after a property sale — the respondent may stop the proceeding by depositing overdue amounts with the court, providing a court-approved undertaking, or submitting an affidavit asserting a post-sale claim of right. Each pathway has its own conditions, including payment of proceeding costs and, in some cases, a promise not to commit waste on the property.
Plain English — not legal advice.
Under § 751, a petitioner in a summary proceeding should be aware that a respondent retains the right to stay a warrant at any point before it is issued by satisfying one of the statute's enumerated conditions. Compliant operators generally keep accurate records of all rent arrears, taxes, assessments, interest, and penalties owed, since those figures determine what a respondent must deposit or undertake to halt the proceeding. When a respondent delivers an undertaking rather than an immediate deposit, the statute allows up to ten days for payment before a warrant may issue, so operators typically track that deadline and confirm with the court clerk whether satisfactory evidence of payment has been produced.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 751 gives tenants and other respondents a meaningful opportunity to prevent an eviction warrant from being issued by taking specific steps before the warrant is actually issued. Depending on the basis for the proceeding — unpaid rent, insolvency or bankruptcy, or possession following a property sale — a respondent may be able to deposit the amounts owed with the court clerk or provide a court-approved undertaking committing to payment within ten days. Tenants who believe they qualify for a stay under § 751 may wish to consult a tenant-rights organization or legal aid provider to understand which pathway applies to their circumstances and what documentation the court will require.
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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