Cal. Civ. Code § 4
Just cause eviction; prerequisites
Operative Text
Section 4. (a) A foreclosing owner shall not evict a tenant for the following actions that constitute just cause until 30 days after the notice required by section 3 is posted and delivered: (i) the tenant has failed to pay the rent in effect prior to the foreclosure or failed to pay use and occupancy charges, as long as the foreclosing owner notified the tenant in writing of the amount of rent or the amount of use and occupancy that was to be paid and to whom it was to be paid; (ii) the tenant has materially violated an obligation or covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation within 30 days after having received written notice thereof from the foreclosing owner; and (iii) the tenant who had a written bona fide lease or other rental agreement which terminated, on or after August 10, 2010, has refused, after written request or demand by the foreclosing owner, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with this chapter. (b) A foreclosing owner shall not evict a tenant for the following actions that constitute just cause until the notice required by section 3 is posted and delivered: (i) the tenant is committing a nuisance in the unit, is permitting a nuisance to exist in the unit, is causing substantial damage to the unit or is creating a substantial interference with the quiet enjoyment of other occupants; (ii) the tenant is using or permitting the unit to be used for any illegal purpose; and (iii) the tenant has refused the foreclosing owner reasonable access to the unit for the purpose of making necessary repairs or improvement required by the laws of the United States, the commonwealth or any subdivision thereof, or for the purpose of inspection as permitted or required by agreement or by law or for the purpose of showing the unit to a prospective purchaser or mortgagee provided.
Mass. Gen. Laws c. 186A § 4 establishes the conditions under which a foreclosing owner may pursue eviction of a tenant after a foreclosure event. For certain grounds—such as nonpayment of rent or use-and-occupancy charges, lease violations, or refusal to renew a lease—the foreclosing owner must wait at least 30 days after the required section 3 notice before proceeding. For other grounds—such as nuisance, illegal use of the unit, or denial of reasonable access—the foreclosing owner may act once the section 3 notice has been posted and delivered, without the additional 30-day waiting period. In all cases, the law sets procedural prerequisites that must be satisfied before an eviction based on just cause can lawfully move forward.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186A § 4, foreclosing owners who wish to pursue eviction on just-cause grounds must carefully observe the notice and timing requirements before initiating any eviction proceeding. For rent-related or lease-related grounds, compliant operators typically ensure that written notice of the amount owed and the payee has been delivered, and that the full 30-day post-notice period has elapsed. For grounds involving nuisance, illegal activity, or access denial, operators generally confirm that the section 3 notice has been properly posted and delivered before taking further action, and they document each step of the process to demonstrate compliance with the chapter's prerequisites.
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 § 4 provides tenants with procedural protections that a foreclosing owner must satisfy before an eviction can lawfully proceed. If a foreclosing owner has not delivered the required section 3 notice, or has not allowed the applicable waiting period to run, a tenant may be able to raise the owner's failure to comply with these prerequisites as a defense in an eviction proceeding. Tenants who believe these requirements have not been met may wish to consult a tenant-rights organization or legal aid provider familiar with Massachusetts foreclosure and housing law to understand the options available to them.
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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