Response Time Extended for California Tenants

Updated November 2018

Effective September 1, 2019, under California AB 2343 response time for California tenants has been extended.

  • Code of Civil Procedure §1161(2) and (3) is amended to reflect that the three day notice period after service of a notice to pay rent or quit or a notice to perform covenant or quit will not include judicial holidays, including Saturday and Sunday.
  • Code of Civil Procedure §1167 is amended so that the five day period an unlawful detainer defendant has to respond to a notice of summons will not include judicial holidays, including Saturday and Sunday.

While not expressly stated in the new law, conservative landlords will not want to include weekends and court holidays in ten (10) day rent and covenant notices required under many affordable housing programs.

AB 2343 does not apply to”

  • 30 and 60 day termination notices (Code of Civil Procedure §1161(1)).
  • Notices to quit based on unauthorized assignment, subletting, waste or nuisance (Code of Civil Procedure §1161(4)).

The text of the revised code sections is attached. 

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website.

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