In a significant move to bolster tenant protections amidst California’s ongoing housing crisis, Governor Gavin Newsom has signed Assembly Bill 2347 into law. This new legislation will double the time tenants have to respond to eviction notices from five to ten business days. The bill aims to address the complexities and challenges faced by renters, particularly in areas with limited legal resources.
Assembly Bill 2347, signed into law today by Governor Newsom, extends the response period for tenants facing eviction. Previously, tenants were required to respond to an unlawful detainer notice—a formal eviction notice—within five business days. Failure to meet this deadline often led to a default judgment, resulting in the loss of their homes. The new law extends this period to ten business days, offering tenants more time to seek legal assistance and prepare their defense.
The legislation comes in response to a surge in evictions following the end of pandemic-era protections, which has exacerbated California’s housing crisis. Tenant advocates argue that the previous five-day window was insufficient, particularly for renters who live in “legal aid deserts” or face other obstacles. Lorraine López, senior attorney at the Western Center on Law and Poverty and a sponsor of the bill, highlighted that the extended response time is crucial for tenants who struggle with language barriers, lack of transportation, or demanding work schedules. Research estimates that around 40% of California tenants lose their eviction cases by default due to these challenges.
The bill was championed by Assemblymember Ash Kalra of San Jose, known for his advocacy on tenant rights. The Western Center on Law and Poverty, with Lorraine López leading the charge, played a crucial role in pushing this bill through. While the California Apartment Association did not formally oppose the bill, some local landlord groups expressed concerns that the extended response time would increase financial losses for property owners by delaying evictions and accumulating unpaid rent.
Daniel Bornstein, a San Francisco real estate attorney, commented, “Every time there is an elongation of the process it creates more loss to owners.” Despite these concerns, the extended timeframe aims to provide a more equitable balance between landlord interests and tenant protections.
The new law will giving tenants an additional five business days to respond to eviction notices. This change is expected to improve access to legal aid for tenants, allowing them more time to prepare their defense. Additionally, the law revises deadlines for tenant lawyers to file certain motions, aiming to streamline the legal process.
Nancy Wiles, a tenant who narrowly avoided an eviction judgment due to the previous tight deadline, praised the new law. Wiles, who was moving out of a mold-infested apartment when served with an eviction notice, found the original five-day deadline stressful and difficult to meet. She later received help from a pro bono attorney, which ultimately led to her case being withdrawn.
The extension of the response period for eviction notices reflects a broader trend in California towards enhancing tenant protections. Earlier attempts to provide additional time for tenants to address issues before an eviction case is filed have faced legal challenges, such as the recent overturning of San Francisco’s 2022 ordinance by a state appeals court.
Looking ahead, some California cities, including Los Angeles, are exploring measures to guarantee legal counsel for tenants facing eviction. These efforts underscore an ongoing commitment to improving housing stability and ensuring fair treatment for renters throughout the state.