Cal. Civ. Code § 13
Recovery of possession after termination of tenancy at will
Operative Text
Section 13. Whenever a tenancy at will of premises occupied for dwelling purposes, other than a room or rooms in a hotel, is terminated, without fault of the tenant, either by operation of law or by act of the landlord, except as provided in section twelve, no action to recover possession of the premises shall be brought, nor shall the tenant be dispossessed, until after the expiration of a period, equal to the interval between the days on which the rent reserved is payable or thirty days, whichever is longer, from the time when the tenant receives notice in writing of such termination; but such tenant shall be liable to pay rent for such time during the said period as he occupies or retains the premises, at the same rate as theretofore payable by him while a tenant at will; provided, that in the case of a rooming house, an action to recover possession of premises occupied for dwelling purposes may be brought seven days after written notice if the rent is payable on either a weekly or daily basis. A tenancy at will of property occupied for dwelling purposes shall not be terminated by operation of law by the conveyance, transfer or leasing of the premises by the owner or landlord thereof or by foreclosure.
Mass. Gen. Laws c. 186 § 13 establishes a mandatory waiting period before a landlord may bring an eviction action or remove a tenant after a no-fault termination of a tenancy at will in a residential dwelling. The notice period is whichever is longer: the interval between the tenant's regular rent-payment dates, or thirty days — with a shorter seven-day window available only in rooming houses where rent is paid weekly or daily. Notably, the law also provides that a sale, transfer, lease, or foreclosure of the property does not, by itself, automatically end a residential tenancy at will.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 13, operators who terminate a residential tenancy at will without fault on the tenant's part must deliver written notice and then wait out the full statutory period — at least thirty days, or longer if the rent cycle exceeds that — before filing any summary process (eviction) action. Compliant operators also continue to accept rent at the existing rate during that waiting period, since the tenant remains lawfully in possession and liable for rent throughout. Landlords who acquire a property through purchase, transfer, or foreclosure should be aware that this provision prevents the transaction itself from serving as a termination event for existing at-will tenancies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 13 gives residential tenants at will the right to remain in their home for at least thirty days — or one full rent-payment interval, whichever is longer — after receiving written notice of a no-fault termination, and no eviction action can lawfully begin before that period expires. If a landlord sells or forecloses on the property, that transaction alone does not cut short these protections. Tenants who believe a landlord has attempted to dispossess them before the statutory period under c. 186 § 13 has run may raise that timing violation as a defense in housing court, contact a local tenant-rights organization, or reach out to a legal aid office for general information about available options.
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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