Starting January 1, 2025, a new California law gives tenants facing eviction more time to respond

Last Updated on December 24, 2024 by The HD Post Staff

CALIFORNIA – Governor Gavin Newsom signed into law Assembly Bill 2347 that amends the timeframe from five to 10 business days that tenants have to respond after receiving an eviction notice.

This change helps ensure tenants have an opportunity to seek legal advice, gather necessary documentation, or explore their options to avoid eviction.

40% of evictions resulted in a default because of five day timeframe

According to the Western Center on Law and Poverty, in 2023 there were more than 140,000 eviction cases filed, affecting half a million renters. Of those cases filed, about 40% resulted in a default because the tenant could not respond within the required five days.

“The right to defend oneself is a fundamental civil right, but that right cannot be exercised when a tenant has only five days to respond – a significantly lower time than other civil matters,” said a statement on the site.

AB 2347 may also streamline proceedings when tenant challenges eviction

In addition to doubling the time to respond to an eviction, AB 2347 may also streamline proceedings.

If a tenant challenges an eviction complaint by filing a demurrer or motion to strike, the court must hold a hearing five to seven court days after the motion is filed, unless there’s a good reason to delay.

The landlord doesn’t have to submit a written response and can instead respond verbally during the hearing, while the tenant can reply verbally to any points the landlord raises.

Landlords can still choose to file a written response if they want, but it must be submitted at least one court day before the hearing. The court may still consider late filings if it decides to do so.

Likely make eviction cases take longer to finish

According to Hanson Bridgett LLP, the extra time for tenants to respond to an eviction complaint will likely make eviction cases take longer to finish, whether they end in trial, default, or settlement.

However, in situations where a tenant challenges the complaint by filing a demurrer or motion to strike, the new law may speed things up by allowing verbal responses instead of written ones and requiring hearings within seven days unless there’s a good reason to delay.