Changes To Eviction Notice and Unlawful Detainer Response Times Effective September 1, 2019

On September 5, 2018, California Governor Jerry Brown signed Assembly Bill 2343, which amends California Code of Civil Procedure Sections 1161 and 1167 to give tenants more time to respond to eviction notices and unlawful detainer (eviction) actions.

  1.     Change to Computation of Three-Day Notice Period

An unlawful detainer based on a three-day notice (i.e. Three-Day Notice to Pay Rent or Quit, Three-Day Notice to Perform Covenant or Quit, or Three-Day Notice to Quit) is premature unless the three-day notice period has first expired. Under existing law, the following rules apply: The three-day period begins to run the day after proper service is effected and includes holidays, Saturdays and Sundays. However, if the final day of the notice period falls on a holiday, or a Saturday or Sunday, the notice period expires at the end of the next day that is not a holiday, Saturday or Sunday. For example, a Three-Day Notice to Pay Rent or Quit served on a Wednesday, Thursday, or Friday would expire on Monday at midnight (unless Monday was a holiday, in which case the notice would expire at the end of the next day that is not a holiday, Saturday or Sunday).

Effective September 1, 2019, the manner of counting the three-day period will change such that the three-day period will exclude Saturdays and Sundays and judicial holidays. Based on the foregoing, the three-day period will be as follows (unless the notice period includes a judicial holiday):

Day Notice Served                    Day Notice Expires

Monday                                       Thursday
Tuesday                                       Friday
Wednesday                                  Monday
Thursday                                     Tuesday
Friday                                          Wednesday
Saturday                                      Wednesday
Sunday                                        Wednesday

NOTE: If the notice period includes a judicial holiday, the expiration date of the notice will be extended such that all Saturdays, Sundays and judicial holidays are excluded from the three-day period.

  1.     Change To Response Time to Unlawful Detainer Action

Ordinarily, the tenant’s response to an unlawful detainer complaint is due within five days after service of the unlawful detainer summons and complaint. Under existing law, the five-day period includes Saturdays and Sundays but excludes judicial holidays; however, if the fifth day falls on a Saturday or Sunday, the response deadline is extended to the next court day. Effective as of September 1, 2019, the five-day period will exclude Saturdays and Sundays and judicial holidays.

  1.        Judicial Holidays

California currently observes the following judicial holidays:

  • New Year’s Day
  • Martin Luther King, Jr. Day
  • President Abraham Lincoln’s Birthday
  • President George Washington’s Birthday / Presidents Day
  • César Chávez Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Columbus Day
  • Veterans Day
  • Thanksgiving Day
  • Day after Thanksgiving
  • Christmas Day

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600.

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

March 28, 2019 | Landlord-Tenant Law |