25-13-822. Rents and profits during redemption period -- accounting. (1) The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of the redemptioner's redemption until another redemption, are entitled to receive from the tenant in possession the rents of the property sold or the value of the use and occupation of the property. However, when any rents or profits have been received by the judgment creditor or purchaser or the creditor's or purchaser's assigns from the property sold preceding the redemption, the amount of the rents and profits must be a credit upon the redemption money to be paid. Any payments made under 25-13-802(2) and (3) must be subtracted from the credit for rents and profits.

(2) If the redemptioner or judgment debtor, before the expiration of the time allowed for redemption, demands in writing of the purchaser or creditor or the purchaser's or creditor's assigns a written and verified statement of the amount of the rents and profits received, the period for redemption is extended 5 days after the sworn statement is given by the purchaser or the purchaser's assigns to the redemptioner or debtor. If the purchaser or the purchaser's assigns, for a period of 1 month from and after the demand, fail or refuse to give the statement, the redemptioner or debtor may bring an action in any court of competent jurisdiction to compel an accounting and disclosure of the rents and profits, and until 15 days from and after the final determination of the action, the right of redemption is extended to the redemptioner or debtor.

History: En. Sec. 236, p. 183, L. 1867; rep. Sec. 751, p. 187, Cod. Stat. 1871; en. Sec. 1240, C. Civ. Proc. 1895; re-en. Sec. 6843, Rev. C. 1907; re-en. Sec. 9448, R.C.M. 1921; Cal. C. Civ. Proc. 707; re-en. Sec. 9448, R.C.M. 1935; R.C.M. 1947, 93-5840; amd. Sec. 5, Ch. 503, L. 1991; amd. Sec. 466, Ch. 56, L. 2009.