October 19, 2019

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October 17, 2019

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Changes to California's Unlawful Detainer Action Response Times

California Governor Jerry Brown recently signed into law Assembly Bill 2343, amending Sections 1161 and 1167 of the California Code of Civil Procedure to give tenants more time to respond to notices and summons in connection with unlawful detainer eviction proceedings.

Under current California law governing unlawful detainer actions:

  • A tenant has three calendar days following receipt of the landlord's notice to cure a lease violation (e.g. pay rent or any other breach of lease) or vacate the leased premises.

  • A tenant has five calendar days following service of summons to respond to an eviction lawsuit (i.e., an unlawful detainer action) filed by the landlord.

Assembly Bill 2343 amends the statute to extend a tenant's 3-day and 5-day response periods in an unlawful detainer action to exclude Saturdays, Sundays, and other judicially observed holidays.

For example, under the current statute, a tenant that receives a 3-day notice to cure or vacate on the day before Thanksgiving would be required to respond by Monday. However, under the amended statute, the tenant would have until Wednesday to respond. Landlords should be aware of the new extended time periods when contemplating an unlawful detainer action. 

Commercial landlords and tenants are free to modify the time periods required by statute when entering into leases and other contracts.  Accordingly, if the lease provides the tenant with a longer response time than is required under the revised statute (for example, 10 calendar days), then the lease provision will control.  In contrast, if the lease provides the tenant with a shorter response time (for example, 3 calendar days), then the longer response period under the revised statute will control.

EFFECTIVE DATE

The amendment to the statute becomes effective September 1, 2019.

CALIFORNIA'S JUDICIALLY OBSERVED HOLIDAYS

Landlords should be aware that the list of holidays recognized by California courts may be different from the holidays landlords are accustomed to in their leases.  Per the California Judicial Branch website, the following holidays are observed each year by all California courts:

  • 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

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About this Author

Paul Nash Real Estate Lawyer Allen Matkins
Attorney

Paul W. Nash is an associate in the San Francisco office and a member of the Real Estate group. Paul’s practice focuses on complex commercial real estate transactions, including the acquisition, disposition, management, financing, leasing, and development of office, industrial, biotech, retail and multifamily properties in California and throughout the United States. Paul's acquisition and disposition practice includes purchase, sale, 1031 exchange and joint venture transactions. He regularly advises clients on property management and construction management agreements. Paul's financing...

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Andrew Demirchyan, Allen Matkins Law Firm, San Francisco, Real Estate Law Attorney
Associate

Andrew Demirchyan is an associate in the Real Estate group in San Francisco. Andrew represents developers, owners and financial institutions in a broad range of complex commercial real estate transactions, including secured lending, commercial leasing, acquisitions and dispositions.

Prior to joining Allen Matkins, Andrew was the Deputy White House Liaison for the U.S. Department of Housing and Urban Development, an appointed position by the White House where he was Senior Advisor to Secretary Julián Castro for presidential personnel and appointments. As liaison, Andrew supported both the president's and secretary's leadership of HUD, and guided HUD's political leadership through political and legal aspects of transitioning to a new administration.

While in law school, Andrew was a Vetting Legal Intern at the White House, where he assisted with vetting President Obama's Executive Branch nominees/appointees, with a focus on national security agencies. Andrew prepared recommendations to the president on presidential appointments and personnel actions, as well as federal clemency petitions. He also assisted with drafting Obama Administration transition documents.

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