California eviction rules: Understanding AB 2347

What is AB 2347?

California Assembly Bill 2347 (AB 2347) extended the amount of time that tenants have to file a response after being served with an eviction lawsuit from the previous timeline of five days to the new 10-day window. The bill amended the Code of Civil Procedure and went into effect on January 1, 2025.
 

Key provisions of AB 2347

• More time to respond: After the tenant is served with the summons and complaint, they have 10 days (not counting weekends and court holidays) to file a response, instead of five (Code Civ. Proc., § 1167, subd. (a)).
   
• Early challenges get set quickly: If the tenant files a demurrer or motion to strike, AB 2347 sets a faster schedule. For example, a demurrer (arguing the complaint is legally defective) must generally be heard five to seven court days after it’s filed (unless the court finds good cause to set it later) (Code Civ. Proc., § 1170, subd. (b)(1)).
   
• Extra time in limited service situations: If service is completed by mail or in person through the Secretary of State’s address confidentiality program, the tenant gets an additional five court days to file a response (Code Civ. Proc., § 1167, subd. (b)).

What AB 2347 changed for owners

AB 2347 did not expand or limit the legal grounds for eviction. Its main effect is procedural: once the unlawful detainer case is filed and served, the tenant usually has more time to respond. For owners, boards, and property managers, that can mean a longer period before they can determine whether the case will be contested, whether additional hearings will be needed, or whether they can request default. In practice, communities should adjust expectations around timing and coordinate early with counsel or management.
 

Understanding the eviction process

While every case is unique, here’s a general look at the eviction process in California:

1. Serve the correct notice: Most cases start with a written notice, such as a three-day notice for unpaid rent or certain lease violations. The notice type depends on the facts and local rules.
    
2. File an unlawful detainer case: If the tenant does not comply with the notice, the landlord files an unlawful detainer lawsuit in Superior Court.
    
3. Serve the summons and complaint: The tenant must be properly served with the court papers. Service errors can delay the case.
    
4. Tenant responds within the deadline: Tenants generally have 10 days to file a response, depending on how they were served. Tenants may also file other responses, but those typically require legal help.
    
5. If the tenant responds, the case moves forward: If an Answer is filed, the landlord typically files a request to set the case for trial, and the court schedules the next steps. If the tenant files a motion instead of an Answer, the court will usually set a hearing on that motion before the case proceeds.
    
6. If the tenant does not respond, the landlord may request a default: If the tenant misses the response deadline, the landlord may ask the court for a default judgment.
    
7. Judgment, writ, and sheriff lockout (if the landlord wins): If the landlord wins, the court can issue a writ of possession and the sheriff carries out the final lockout process.

Tips

1. Consult qualified legal counsel early

   California evictions are highly procedural, and small paperwork mistakes can restart the process. A qualified landlord-tenant attorney can help confirm the correct notice type, proper service method, and whether local rules or “just cause” requirements apply.
    

2. Keep communication simple

   Use clear, factual written communication. Avoid emotional language or back-and-forth texting when issues escalate. If the tenant has questions, respond with the same core information each time (deadline, next step, how to comply). Consistency reduces confusion and can help limit “he said, she said” disputes later.
    

3. Weekends and judicial holidays do not count toward deadlines

   AB 2347’s response deadline excludes Saturdays, Sundays, and other judicial holidays. Using the wrong counting method is one of the fastest ways to miss a filing deadline. Build a simple deadline tracker that starts on the date of service so your process stays consistent.
    

4. Treat service like a checklist

   Many eviction delays come from service problems. Use a standard checklist that confirms the correct parties were served, the method of service was valid, and the proof of service is completed and retained.
    

5. Plan for a longer paperwork phase before you assume default

   With tenants generally having 10 days to respond, uncontested cases may take longer to reach the default stage than they did in the past. Operationally, that means owners should plan cash flow and scheduling expectations around a longer response window, especially in jurisdictions where court calendars and sheriff scheduling already create delays.
    

6. Work closely with your property manager

   If your community works with a property manager, bring them in early. A good manager can help keep records organized, track deadlines, coordinate with legal counsel, and confirm that notices and communications are handled consistently. That kind of day-to-day process support can reduce avoidable mistakes and help the board stay focused on decisions rather than administrative follow-up.

About FirstService Residential

FirstService Residential supports California communities with local expertise backed by national resources. For more than 40 years, our dedicated teams have helped boards and owners stay organized with governance support, recordkeeping systems, financial management, vendor coordination, banking and insurance programs, resident communication, and 24/7 customer care.

We help boards apply consistent processes that align with their governing documents and California law, so board members can stay focused on long-term community goals instead of day-to-day administration.

Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.