Cal. Civ. Code § 1

Persons entitled to summary process

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsEviction & Just Cause

Operative Text

Cal. Civ. Code § 1
Section 1. If a forcible entry into land or tenements has been made, if a peaceable entry has been made and the possession is unlawfully held by force, if the lessee of land or tenements or a person holding under him holds possession without right after the determination of a lease by its own limitation or by notice to quit or otherwise, or if a mortgage of land has been foreclosed by a sale under a power therein contained or otherwise, or if a person has acquired title to land or tenements by purchase, and the seller or any person holding under him refuses to surrender possession thereof to the buyer, or if a tax title has been foreclosed by decree of the land court, or if a purchaser, under a written agreement to purchase, is in possession of land or tenements beyond the date of the agreement without taking title to said land as called for by said agreement, the person entitled to the land or tenements may recover possession thereof under this chapter. A person in whose favor the land court has entered a decree for confirmation and registration of his title to land may in like manner recover possession thereof, except where the person in possession or any person under whom he claims has erected buildings or improvements on the land, and the land has been actually held and possessed by him or those under whom he claims for six years next before the date of said decree or was held at the date of said decree under a title which he had reason to believe good.
Source: Legislative text reproduced verbatim
Plain English

Mass. Gen. Laws c. 239 § 1 establishes who may use the summary process (eviction) procedure in Massachusetts courts to recover possession of real property. The law identifies several triggering circumstances — including a lease ending by its own terms or by notice, a foreclosed mortgage, a seller refusing to vacate after a sale, or a purchaser remaining in possession past a purchase-and-sale agreement's closing date — under which the party entitled to the property may pursue this expedited legal remedy. A special carve-out applies when the Land Court has confirmed and registered title: the registered owner may generally use summary process to reclaim possession, but that right is limited when the occupant has erected buildings or improvements and has held the land for at least six years before the decree, or held it under a title they had reasonable grounds to believe was valid.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Massachusetts law look to Mass. Gen. Laws c. 239 § 1 to confirm they have a recognized basis before initiating a summary process action. Compliant operators typically ensure that one of the enumerated grounds — such as lease expiration, proper notice to quit, completed foreclosure, or a seller's refusal to vacate — is clearly established and documented before filing. Operators who have acquired title through Land Court registration also verify whether any occupant improvements or long-term possession claims might affect their ability to proceed under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mass. Gen. Laws c. 239 § 1 defines the limited circumstances under which a landlord or other claimant is legally permitted to bring a summary process case against someone in possession of property. If a tenant believes the claimant does not meet one of the specific grounds listed in this section — for example, that the lease has not actually ended or that proper notice was never given — that gap in the claimant's legal standing can be raised as a defense in the summary process proceeding. Tenants facing such a case may benefit from reviewing their lease documents, any notices received, and the circumstances of their occupancy, and can seek guidance from a local tenant-rights organization or legal aid office familiar with Massachusetts housing law.

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.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 127G
Removal from district to superior or housing court; transmittal of rents and removal fees
§ 10
Rent as a necessary
§ 17
Occupancy constituting tenancy at will; termination

Source Information

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Fetched:Sep 13, 2026, 02:39 PM UTC