Assembly Bill 2347 (AB 2347), which goes into effect on January 1, 2025, aims to reform the process of evicting tenants in California. It is crucial for San Diego landlords and property owners to understand these changes to ensure compliance with the law and avoid potential legal issues.
Key Changes in 2025 Under AB 2347:
- Extended Response Time for Tenants: The most significant change under AB 2347 is the extension of the time tenants have to respond to an eviction lawsuit. Previously, tenants had five days to file a response. Under the new law, this has been doubled to 10days, excluding weekends and holidays.
- Additional Time for Confidential Service: If the eviction lawsuit is served through the Secretary of State’s address confidentiality program, tenants receive an additional five court days to file a response.
- Additional Time for Substitute Service: If the eviction lawsuit is served on any tenant through substitute service (on someone other than that tenant), the tenant receives an additional ten calendar days to file a response.
- Specific Timelines for Demurrers and Motions: AB 2347 introduces specific timelines for filing a demurrer (a legal challenge to the complaint) or a motion to strike. The hearing for such motions must be scheduled no less than five and no more than seven court days after filing the motion.
- Oppositions and Replies: The law outlines procedures for filing written oppositions and replies to motions. If a party wants their written opposition to be considered before the hearing, it must be filed and served on or before the court day before the hearing.
Implications for San Diego Landlords and Property Owners:
- Delays: Due to the changes in response times, tenants will have between 14 and 30 days to respond depending on the method of service, instead of between 5 and 17 days. Landlords and owners should be prepared for their matters to take much longer to resolve.
- Compliance: Landlords and property owners must familiarize themselves with the new timelines and procedures under AB 2347. Failure to comply could lead to additional delays in the eviction process or even dismissal of the case.
- Due Diligence: It is essential to ensure that eviction notices are served correctly and that all procedures are followed meticulously to avoid legal challenges.
- Documentation: Maintaining proper documentation of every step in the eviction process is crucial, including proof of service, notices, and filings.
- Legal Counsel: If you have any questions or concerns about AB 2347 or the eviction process in general, it is highly recommended to consult with an experienced attorney.
Recommendations for San Diego Property Owners:
- Review your current eviction procedures and update them to comply with AB 2347.
- Train your staff on the new law and its implications.
- Consider seeking legal advice from our San Diego eviction attorney to ensure compliance and avoid potential pitfalls.
By staying informed and adapting to these changes, San Diego landlords and property owners can navigate the eviction process more effectively while protecting their legal rights. This San Diego Evictions blog post is intended for informational purposes only and does not constitute legal advice. Please consult with our eviction attorney in San Diego to discuss your specific legal situation.
