Starting January 1, 2025, tenants in California facing eviction (Unlawful Detainer actions) will have new rights and extended deadlines to respond, thanks to Assembly Bill 2347. Signed into law by Governor Gavin Newsom on September 24, 2024, AB 2347 introduces significant procedural changes to eviction cases amidst California’s ongoing housing crisis, following the expiration of COVID-19 tenant protections.
Key Changes in AB 2347
1. Extended Response Time for Tenants (CCP Section 1167)
Under the revised California Code of Civil Procedure Section 1167, tenants will now have 10 days (excluding weekends and holidays) to respond to an Unlawful Detainer summons and complaint, doubling the previous 5-day deadline that had been in effect since 1971. This extension allows tenants more time to seek legal counsel and prepare a defense, reducing the risk of default judgments.
2. Oral Responses for Landlords and Tenants (CCP Section 1170)
Under the new rules, when a tenant files a Demurrer or a Motion to Strike an eviction complaint, a hearing must be scheduled within 5 to 7 court days. Additionally, landlords can now orally oppose these motions, and tenants can orally respond to those oppositions—previously, both parties were required to submit written responses ahead of the hearing. The option for oral responses is expected to expedite the process.
Implications of the Changes
Historically, Unlawful Detainer proceedings were designed to be quick and summary, allowing for swift resolution of landlord-tenant disputes. While the new 10-day response window may extend the overall timeline of these cases, the provision for quicker hearings and oral arguments is aimed at maintaining efficiency in other aspects of the process.
This law marks a significant shift in California’s landlord-tenant landscape, providing tenants with greater protections while seeking to balance the rights of landlords in a state facing a housing shortage.
For more details on how these changes might impact your specific case, feel free to contact our office or reach our team online.