New Law Gives Eviction Tenants More Response Time
In this EXCLUSIVE, Paul Nash, an attorney in the San Francisco office of Allen Matkins, outlines some of the particulars about new law, Assembly Bill 2343, that goes into effect on September 1, 2019.
SAN FRANCISCO—Assembly Bill 2343 is a new California law that gives tenants more time to respond to notices and summons in connection with unlawful detainer eviction proceedings. In this exclusive, Paul Nash, an attorney in the San Francisco office of Allen Matkins, outlines some of the specifics about the law.
GlobeSt.com: What is the current law regarding unlawful detainer actions?
Nash: The current law states that a tenant has three calendar days following the receipt of a notice from their landlord to fix a lease violation. This could include paying overdue rent or correcting any other breach of the lease. If the tenant does not remedy the violation within these three days, he or she must vacate the leased premises. The tenant also has five calendar days following a service of summons to respond to an eviction lawsuit, i.e., an unlawful detainer action, filed by the landlord.
GlobeSt.com: How does Assembly Bill 2343 amend this statute?
Nash: Assembly Bill 2343 extends a tenant’s three-day and five-day response periods in an unlawful detainer action to exclude Saturdays, Sundays and other judicially observed holidays. These holidays may be different from the holidays landlords are used to in leases, so landlords should be aware of this. For example, César Chávez Day on March 31 is a notable holiday observed by the state of California, but not typically recognized as a holiday in a lease.
Under the current statute, a tenant that receives a three-day notice to cure or vacate on the day before Thanksgiving would be required to respond by Monday. Now that the governor has signed Assembly Bill 2343 into law, the amended statute would give the tenant until Wednesday to respond. This statute becomes effective September 1, 2019.
GlobeSt.com: How does this affect landlords?
Nash: Landlords should be aware of the new extended time periods when contemplating an unlawful detainer action. Landlords and tenants are free to modify these required time periods when entering into leases and other contracts.
GlobeSt.com: Are there any exceptions to this new law?
Nash: If a landlord and tenant agree to a lease that offers the tenant with a longer response time than is required under the revised statute, for example, 10 calendar days, then the tenant is able to follow the longer response time in the lease. In contrast, if the lease provides the tenant with a shorter response time than the statute requires, for example, three calendar days, the tenant is able to follow the longer response time specified by the revised statute and can ignore the term specified in the lease.