Cal. Civ. Code § 2
Eviction of tenants prohibited; exceptions
Operative Text
Section 2. Notwithstanding any general or special law to the contrary, a foreclosing owner shall not evict a tenant except for just cause or unless a binding purchase and sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a foreclosing owner.
Mass. Gen. Laws c. 186A § 2 establishes that once a lender or other party becomes a 'foreclosing owner' of a residential property, that owner's ability to remove tenants is restricted. Eviction is only permitted when there is a recognized 'just cause' reason or when the foreclosing owner has entered into a binding purchase and sale agreement with a genuine third-party buyer. This rule overrides conflicting provisions in other state laws, making it a strong baseline protection for tenants living in foreclosed properties.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186A § 2, foreclosing owners who acquire residential property through foreclosure generally maintain eviction authority only in two defined circumstances: when a just-cause ground exists or when a binding purchase and sale agreement with a bona fide third-party purchaser has been executed. Compliant operators typically document the specific just-cause basis before initiating any eviction proceeding, or ensure that a qualifying purchase and sale agreement is fully executed prior to seeking removal of a tenant. Keeping thorough records of the foreclosure timeline, tenant occupancy status, and any sale agreements is a practice commonly associated with operating within this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186A § 2 gives tenants in foreclosed properties a meaningful shield against removal, since a foreclosing owner can only pursue eviction based on just cause or a qualifying sale to a third party. If a foreclosing owner initiates eviction proceedings without meeting one of these conditions, a tenant may be able to raise the violation as a defense in housing court. Tenants who believe their foreclosing owner is not complying with this provision can seek information from a local tenant-rights organization or a rent board where applicable to understand the general enforcement options available.
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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