Massachusetts General Laws

Mass. Gen. Laws ch. 186, § 13 (2026)

Recovery of possession after termination of tenancy at will

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1972–2023 · leading case: Rubin v. Prescott, 284 N.E.2d 902 (Mass. 1972).

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Rubin v. Prescott, 284 N.E.2d 902 (Mass. 1972). · cites it 3× “186, § 13, if the tenancy at will of premises occupied for dwelling purposes is terminated by operation of law as it was in this case, the landlord may not dispossess the tenant or bring an action to recover possession of the premises “until after the expiration of a period,…”

Bech v. Cuevas, 534 N.E.2d 1163 (Mass. 1989). · cites it 2× “416, added a sentence to G. L. c. 186, § 13, providing that “[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.”

Norfolk & Dedham Mut. Fire Ins. Co. v. Morrison, 924 N.E.2d 260 (Mass. 2010). “186, § 11A (termination of nonresidential leases); G. L. c. 186, § 13 (action to recover possession of premises for dwell *469 ing purposes); G.”

Griffin v. Cogliano, 2002 Mass. App. Div. 55 (Mass. Dist. Ct., App. Div. 2002). · cites it 2× “Richard contends on this appeal that the trial judge erred (1) in ruling that Dolores could bring this action in her personal capacity, (2) in not presenting to the jury the issue of whether he was the true owner of the property and (3) in failing to instruct the jury that as…”

Rahman v. Fed. Mgmt. Co., 505 N.E.2d 548 (Mass. App. Ct. 1987). “, G. L. c. 186, § 13 (action cannot be brought until the expiration of thirty days or, if longer, the rent payment period, from the receipt by the tenant of the notice to quit); Uniform Summary Process Rule 2(b) (service to be made between seven and thirty days prior to the…”

Lowery v. Robinson, 432 N.E.2d 543 (Mass. App. Ct. 1982). “See the last sentence of G. L. c. 186, § 13. Since rent is an agreed term of the tenancy, it could not be changed without the mutual consent of the parties, although the landlord could exercise his rights to terminate the tenancy according to law.”

Poutahidis v. Clingan, 2001 Mass. App. Div. 217 (Mass. Dist. Ct., App. Div. 2001). “1 The defendant contends that because she was a tenant at will, the plaintiff was required to terminate her tenancy with a new notice to quit Relying on G.L.c. 186, §13, 2 the defendant argues that the mere conveyance to the plaintiff of title to the properly did not terminate…”

Atlas Mortg. Corp. v. Lahey, 2008 Mass. App. Div. 265 (Mass. Dist. Ct., App. Div. 2008). “It should be noted that by an amendment to G.L.c. 186, §13, effective November 29, 2007, a “tenancy at will of property occupied for dwelling purposes shall [also] not be terminated.”

Tyrone Walker v. Juliane Pierre. (Mass. App. Ct. 2023). “8 Thus, because it is not 7 If the tenancy at sufferance resulted from the termination by operation of law of a prior tenancy at will, then, under G. L. c. 186, § 13, the landlord may not bring an action to recover possession without first giving notice of the termination of the…”

Boston Rent Equity Bd. v. Dime Sav. Bank of New York, FSB, 415 Mass. 48 (Mass. 1993). · cites it 2× “We also have not expressed or implied any view on what effect, if any, G. L. c. 186, § 13 (1990 ed.), may have on the rights of occupants of the foreclosed premises.”

Carlson v. Cook, 6 Mass. L. Rptr. 65 (Mass. Super. Ct. 1996). · cites it 2× “The relevant section provides a time of either thirty days or a period equal to the interval between days on which rent is payable, whichever is longer.”

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