(a) From the time of the sale until a redemption, the purchaser is entitled to receive from the person in possession the rents and profits from the property or the value of the use and occupation of the property.
§ 729.090.Rents Or Profits From Property
Title 10. Actions In Particular Cases · Chapter 1. Actions for the Foreclosure of Mortgages · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 729.090 entitles the foreclosure sale purchaser to the property's rents, profits, or use value from sale until redemption, but makes the purchaser liable for that money if the property is redeemed, while also letting the purchaser enter to repair and maintain and seek a court order restraining waste.
Full Text of § 729.090
(b) Notwithstanding subdivision (a), the purchaser is liable to the person who redeems for any rents or profits that have been received by the purchaser pursuant to subdivision (a).
(c) The purchaser, from the time of sale until redemption, is entitled to enter the property during reasonable hours to repair and maintain the premises and is entitled to an order restraining waste on the property from the court. Such order may be granted with or without notice in the discretion of the court.
Plain-English Summary
Between the sale and any redemption, someone has to be entitled to the property's income, and that's the purchaser. Subdivision (a) gives the purchaser the right to collect rents and profits from the person in possession, or the value of the use and occupation if there are none, for the whole period the property remains subject to redemption.
That entitlement is provisional, not final. Subdivision (b) makes the purchaser liable to hand over whatever rents or profits were collected if the property is later redeemed — the redeeming party effectively gets that income back, net of whatever offset already applied under § 729.060(c). Subdivision (c) rounds out the purchaser's position by allowing entry during reasonable hours to repair and maintain the property, and by making a court order restraining waste available, with or without advance notice, at the court's discretion.
Frequently Asked Questions
Who collects rent on foreclosed property while it's still subject to redemption?
The purchaser at the foreclosure sale, from the time of sale until any redemption occurs.
Does the purchaser keep that rent if the property is later redeemed?
No. Section 729.090(b) makes the purchaser liable to the redeeming party for any rents or profits collected during that period.
Can the purchaser enter the property before redemption?
Yes, during reasonable hours, to repair and maintain the premises, and the purchaser can also seek a court order restraining waste on the property.
Amendment History
Added by Stats. 1982, Ch. 497, Sec. 56. Operative July 1, 1983, by Sec. 185 of Ch. 497.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: rents and profits foreclosure redemption californiapurchaser rights before redemption