When a landlord files an eviction in San Diego, the focus is usually on the reason for removing the tenant. Perhaps the tenant has failed to pay rent, violated the lease, or remained in the property after the tenancy was lawfully terminated. However, even when a landlord has valid grounds for eviction, the case can encounter serious problems if the tenant was not properly served with the required legal documents.
Beginning January 1, 2027, California’s new service-of-process requirements will make documentation an even more important part of residential and commercial eviction proceedings. Assembly Bill 747 (AB 747), followed by AB 2042, establishes additional requirements for serving eviction documents, documenting service attempts, and challenging default judgments when a tenant claims they were never properly served.
For San Diego landlords, property managers, and real estate investors, these changes create new responsibilities that should be addressed before the next eviction is filed.
The new laws do not change the underlying grounds for eviction. Instead, they change how landlords must document service and establish that the legal process was followed correctly.
Understanding California’s New Eviction Service Laws
Proper service of process is a fundamental requirement in an unlawful detainer action. A tenant must receive legally sufficient notice of the proceedings and an opportunity to respond. If the required documents are not served correctly, a landlord may face delays, additional legal expenses, or challenges to a judgment already obtained.
California’s AB 747 was enacted to address concerns about improper service, including practices commonly described as “sewer service,” in which a proof of service may indicate that legal papers were delivered even though the defendant never received them.
The legislation establishes more specific standards for documenting service attempts and requires additional evidence in unlawful detainer cases. AB 2042 subsequently clarified aspects of the procedures available to tenants who challenge service.
For landlords, the practical lesson is straightforward: obtaining an eviction judgment may depend on more than establishing that a tenant violated the lease. The landlord must also be able to demonstrate that the required legal procedures were followed.
Three Attempts May Be Required Before Using Substituted Service
Under California law, a process server may be permitted to use substituted service when personal delivery of the summons and complaint cannot be accomplished despite reasonable diligence. Depending on the circumstances and applicable requirements, substituted service may involve leaving the documents with an appropriate person and mailing another copy.
The new requirements under AB 747 establish a more specific standard for demonstrating reasonable diligence in unlawful detainer cases.
Beginning January 1, 2027, reasonable diligence will require good-faith attempts to personally deliver the summons and complaint on at least three separate occasions, occurring on three different days and at three different times.
This requirement makes the timing and documentation of service attempts particularly important. Three visits on the same day will not satisfy a requirement for attempts on separate days. Similarly, repeatedly attempting service at approximately the same time may not demonstrate the required variation in timing.
For San Diego landlords, this may mean allowing additional time for a process server to complete service before the eviction can proceed. Tenants who work irregular schedules, travel frequently, or are rarely home may be more difficult to serve personally.
Although these additional attempts may seem inconvenient, failing to comply with the applicable requirements can create more significant delays if service is later challenged.
Landlords should confirm that their process servers understand the new standards and maintain records of every attempt before relying on substituted service.
New Photo, Timestamp, and GPS Documentation Requirements
Another significant change involves the evidence that must accompany the proof of service in an unlawful detainer case.
Under the requirements described in AB 747, the proof of service for the summons and complaint must include at least one photograph of the location where service was completed or attempted. The requirement applies to the applicable methods of service, including personal service, substituted service, and posting.
The photograph must include a readable stamp identifying the date, time, and location through GPS coordinates.
The law provides exceptions for circumstances in which taking a photograph would compromise the process server’s safety or when GPS or cellular connectivity is unavailable at the property. Where the applicable exception applies, the process server must provide the required detailed written statement.
These requirements make it important for landlords to work with process servers who have the equipment and procedures necessary to comply with the new law.
Landlords should also obtain copies of the completed proofs of service and supporting photographs for their own records. Relying exclusively on a process server or attorney to retain these materials may create unnecessary problems if service is questioned years later.
Termination Notices Must Also Be Documented Carefully
The new requirements extend beyond service of the summons and complaint.
Beginning January 1, 2027, the unlawful detainer complaint must identify the date, time, and location at which the applicable termination notice was served. This may include a Three-Day Notice to Pay Rent or Quit or another legally required notice terminating the tenancy.
Previously, the complaint generally identified the method used to serve the notice. The new requirement places greater emphasis on the specific circumstances of service.
For landlords who serve notices themselves or rely on a property manager, this change makes accurate recordkeeping essential from the beginning of the eviction process.
Record the date, time, location, and method of service. If a notice is posted, retain photographs and any other records required to establish compliance. If a notice is mailed, preserve the relevant mailing documentation.
These records may become important evidence if a tenant later disputes whether proper notice was given.
What Happens When a Tenant Claims They Were Never Served?
One of the most consequential aspects of the new legislation concerns tenants who challenge a default judgment by claiming they were not properly served with the summons and complaint.
Under the procedure described in AB 747, a tenant may seek relief from a default or default judgment by presenting evidence that service did not occur as legally required.
The procedure changes how the court evaluates a disputed proof of service.
First, the tenant presents evidence supporting the claim that service was improper or did not occur. The landlord must then establish that service was lawful by a preponderance of the evidence, meaning that lawful service is more likely than not.
If either party requests a hearing, the court must conduct a hearing with live testimony under the applicable procedure. This could require the process server to appear and explain the service attempts, the circumstances of delivery, and the records supporting the proof of service.
For landlords, the implications are significant. A signed proof of service may not be enough to resolve a dispute if the tenant presents evidence challenging its accuracy.
Photographs, GPS information, detailed service notes, and reliable witness testimony may all become relevant when establishing that service complied with the law.
How AB 2042 Clarifies the Process
AB 2042 was enacted to address concerns about how the new procedures could affect existing eviction judgments and pending cases.
One important concern was whether a tenant’s challenge to service could result in the eviction action being dismissed entirely over a service defect, forcing the landlord to begin the process again and incur additional expenses.
The amendments clarify the remedy available when a tenant was not properly served, generally allowing the tenant an opportunity to respond to the complaint rather than automatically requiring dismissal of the action.
The legislation also clarifies that the new requirements apply to service attempted or completed on or after January 1, 2027, as specified by the law.
Although these clarifications may reduce the risk of certain procedural disputes ending an eviction outright, they do not eliminate the need for landlords to ensure that every applicable service requirement is satisfied.
Why Landlords Should Retain Eviction Records for Years
The consequences of inadequate service documentation may not become apparent when an eviction is first completed.
Consider a landlord who obtains a default judgment in 2027 after a tenant fails to respond to the lawsuit. Several years later, the former tenant challenges the judgment, asserting that the summons and complaint were never properly served.
At that point, the landlord may need to establish that service was lawful. The original process server may be difficult to locate, photographs may have been lost, and electronic records may no longer be available.
If the landlord cannot produce sufficient evidence, the judgment could be vulnerable to challenge.
This is why landlords should treat eviction documentation as a long-term recordkeeping responsibility rather than paperwork that can be discarded once possession has been recovered.
San Diego landlords should consider maintaining a complete eviction file for at least 10 years, subject to advice from their attorney regarding applicable retention requirements and the circumstances of the case.
The file should include:
- The termination notice exactly as served, together with the date, time, location, and method of service.
- Photographs of posted notices and relevant mailing records or receipts.
- The process server’s proof of service, supporting photographs, service notes, and contact information.
- Copies of the summons, complaint, court judgment, and applicable enforcement or lockout paperwork.
- Relevant correspondence and other documentation concerning service or the eviction proceedings.
Maintaining these records in a secure, organized location can help landlords respond more effectively if a former tenant challenges the proceedings later.
Preparing for California’s 2027 Eviction Service Requirements
Landlords preparing for an eviction in San Diego County should review their existing procedures before the new requirements take effect.
The following checklist identifies several practical steps to consider.
Document termination notice service. Record the date, time, location, and method used to serve the Three-Day Notice to Pay Rent or Quit or other applicable termination notice.
Retain evidence of posting and mailing. Preserve photographs and relevant mailing records when those methods are used.
Confirm that your process server is prepared. Verify that the process server understands the new requirements for personal service attempts, including the applicable number of attempts, separate days, and varying times.
Obtain photographs and supporting records. Make sure you receive copies of the required photographs, GPS information, proofs of service, and related documentation.
Coordinate with your property manager. Anyone responsible for serving notices or maintaining tenancy records should understand the updated procedures.
Maintain a complete eviction file. Keep the records organized and accessible for the period recommended by your attorney.
Review your procedures with eviction counsel. Confirm that your notices, service practices, and documentation procedures comply with the law applicable to your case.
Taking these steps before filing an unlawful detainer action may help reduce avoidable procedural disputes and delays.
How San Diego Evictions Helps Landlords Navigate the Eviction Process
For more than 15 years, San Diego Evictions has assisted landlords and property owners with residential and commercial unlawful detainer matters throughout San Diego County, including Oceanside, Escondido, Chula Vista, and Imperial Beach.
Proper service of process has always been an important part of an eviction. The upcoming statutory changes make it even more important for landlords to understand their responsibilities and work with professionals who recognize the consequences of procedural errors.
Our focus is on helping landlords navigate the eviction process, understand the requirements applicable to their circumstances, and address potential problems before they create unnecessary delays.
If you are preparing to serve a termination notice, considering an eviction, or concerned about the documentation supporting a previous default judgment, obtaining legal guidance before taking action can help you understand your options.
Contact San Diego Evictions at 844.SD.EVICT or (619) 299-1761, or request service online.
This article is provided for general informational purposes and is not a substitute for legal advice regarding a specific eviction or service-of-process issue.
