New California Unlawful Detainer Rules Effective September 1, 2019

 

Landlords needing to evict a tenant in California are going to have to wait a little longer thanks to a new law taking effect on September 1, 2019.

California is very biased in favor of the tenant, and new unlawful detainer rules effective September 1, 2019 are extending the amount of time given to a tenant to comply with certain types of 3 day notices as well as giving tenants additional time to respond to a summons and complaint.

3 Day Notice to Pay or Quit and 3 Day Notice to Cure or Quit

CCP 1161(2) and CCP 1161(3) lays out the rules for 3 day notices to pay or quit and 3 day notices to cure or quit. Under the rules prior to September 1, 2019, when a landlord served a 3 day notice to pay or quit or a 3 day notice to cure or quit, the tenant had 3 days to comply, including weekends and holidays, but if the third day fell on a weekend or holiday, the tenant would have until the next business day. For example, if a landlord served a 3 day notice on a Friday, the tenant would have until the end of the day on Monday to comply (unless Monday was a holiday). If a landlord served the notice on a Thursday, the tenant would also have until the end of the day on Monday (unless Monday was a holiday), because the third day fell on a weekend or holiday.

Under AB-2343, the rules are changing so that landlords can no longer count weekends or holidays. Thus, if a 3 day notice to pay or quit or a 3 day notice to cure or quit was served on a Friday, the 3 days would not expire until the end of the day on Wednesday (unless there was a holiday that would extend the time even more).

Responding to a Summons

CCP 1167, regarding summons, is also being changed effective September 1, 2019. Under the old rules, a tenant had 5 calendar days to respond to a summons after being personally served with an unlawful detainer. Beginning September 1, 2019, weekends and holidays are no longer counted. Thus, if a summons/complaint was personally served on a tenant on a Wednesday, and assuming there are no intervening holidays, the tenant would have until the end of the day on the following Wednesday, to file a response (under the old rules, the tenant would have only had until the end of the day on Monday).

These new rules effectively mean the landlord will have to wait a little bit longer when going through an eviction that is based on non-payment of rent or other rental agreement violations. Landlords will also need to wait longer before taking a default on a tenant because the tenant will have more time to respond to a summons.

Landlords needing help with an eviction can contact the Law Office of David Piotrowski.

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