On September 24, 2024, Governor Gavin Newsom signed Assembly Bill 2347 (AB 2347) into law, introducing major changes to California’s unlawful detainer (eviction) process. Taking effect on January 1, 2025, this legislation reshapes how quickly tenants must respond to eviction lawsuits and adjusts court procedures that will directly impact both landlords and tenants across the state.
If you’re a landlord, tenant, or property manager, understanding these updates is critical for staying compliant and prepared.
Key Takeaways
- Tenants will now have 10 court days (up from 5) to respond to an unlawful detainer complaint.
- New rules streamline hearings for demurrers and motions to strike, requiring them to be held within 5–7 days.
- Landlords must file proof of service 3 days before requesting default judgment.
- Tenants gain more time to seek legal help, while landlords may face longer eviction timelines.
- Oral arguments are now allowed for certain motions, reducing paperwork burdens.
Table of Contents
- Background: Unlawful Detainer Process in California
- AB 2347: Key Updates at a Glance
- Impacts and Implications
- Practical Guidance / Action Steps
- Real-World Context & Quotes
- Final Thoughts
Background: Unlawful Detainer Process in California
An unlawful detainer lawsuit is the legal action landlords file to evict tenants who remain in a property without legal right, often for nonpayment of rent or lease violations.
Until 2024, California law gave tenants five court days (excluding weekends and judicial holidays) to respond to a summons and complaint. Failure to respond often led to default judgments, with studies showing default rates reaching nearly 40% in some cases.
Critics argued the short timeline left many tenants—particularly those without access to legal aid—at risk of losing housing without fair opportunity to present their case.
AB 2347: Key Updates at a Glance
Timeline Extension
- As of January 1, 2025, defendants now have 10 court days to respond to an unlawful detainer complaint under California Code of Civil Procedure § 1167.
- This doubles the time available for tenants to file an answer, demurrer, or motion to strike.
Motions and Hearings
- Hearings on demurrers and motions to strike must take place within 5–7 court days after filing.
- Oral opposition and replies are now permitted, reducing the need for lengthy written arguments.
- Written oppositions must still be filed at least one court day before the hearing, though judges may consider late filings.
Proof of Service Requirement
- Before requesting a default judgment, landlords must file proof of service at least 3 court days in advance.
- This ensures courts confirm tenants were properly served before moving forward.
Impacts and Implications
For Tenants
- More time to respond: Doubling the response window gives tenants a better chance to seek legal help and avoid default.
- Reduced paperwork burden: Oral hearings help tenants who face barriers with written submissions.
For Landlords
- Longer eviction timelines: Cases may take weeks longer to resolve, increasing potential rent loss.
- Stricter compliance requirements: Landlords must track service filings carefully and prepare for more contested cases.
For the Judicial System
- Fairer process: The changes may reduce default judgments and enhance due process.
- Efficiency gains: Streamlined hearing timelines for motions may help balance the extended tenant response time.
Practical Guidance / Action Steps
Tenant Action Plan
- Mark your calendar immediately upon being served—remember weekends and holidays don’t count toward the 10 days.
- Consider your response: File an answer, demurrer, or motion to strike before the deadline.
- Prepare for hearings: If filing a motion, be ready to present oral arguments within 5–7 days.
Landlord Checklist
- File proof of service early—at least 3 days before requesting default.
- Update your timelines for unlawful detainer cases to reflect the extended response window.
- Work with counsel to prepare for possible oral hearings and delayed case resolutions.
Real-World Context & Quotes
Tenant advocates argue the law helps level the playing field. As one housing attorney put it:
“It often took tenants the entire five days just to find an attorney. Extending it to 10 days gives them a fighting chance.”
On the other hand, landlord associations express concern:
“Every extra day adds up to lost rent and higher costs. Landlords will need to be more strategic in managing risk.”
This tension underscores AB 2347’s role in balancing fairness for tenants with financial realities for landlords.
Final Thoughts
California AB 2347 marks a significant shift in the state’s eviction process. By doubling the unlawful detainer response time and revising court procedures, the law aims to enhance fairness while maintaining efficiency.
For landlords, the new rules mean longer eviction timelines and the need for stricter procedural compliance. For tenants, they provide more time to respond and a stronger opportunity to avoid unfair default judgments.As with any legal change, staying informed and prepared is the key to navigating California’s evolving eviction laws in 2025 and beyond.