Blog / New laws
AB 2347: Tenants Now Have 10 Days to Answer an Eviction Lawsuit
- AB 2347 took effect January 1, 2025. Tenants now have 10 days to respond to an unlawful detainer summons, up from 5.
- Saturdays, Sundays and judicial holidays are still excluded, so 10 days usually means two full calendar weeks.
- Demurrers and motions to strike must now be heard 5 to 7 court days after filing, and landlords may oppose them orally at the hearing.
- Coming January 1, 2027: AB 747 tightens the rules for serving tenants.
What changed
Under Code of Civil Procedure section 1167, a tenant served with an eviction summons and complaint must file a response before the landlord can ask for a default judgment. For decades that period was 5 court days. AB 2347 doubled it to 10 court days, counted from personal service. If the tenant is served by substituted service or by posting and mailing, additional days are added, as before.
The bill also changed how challenges to the complaint are handled under section 1170. A demurrer or motion to strike must be heard 5 to 7 court days after it is filed unless the court sets a later date for good cause. The landlord no longer has to file a written opposition and can respond orally at the hearing, although a written opposition may still be filed at least one court day before.
How it affects your timeline
The longer response period adds about one week to an uncontested eviction. A typical sequence today:
- 3 day notice expires (3 court days after service).
- Complaint filed and served.
- 10 court days for the tenant to respond (more if not personally served).
- Default judgment, or a trial date usually set within about 20 days of a request.
- Writ of possession, then the sheriff's 5 day notice to vacate and lockout.
The faster hearing schedule for demurrers can save time in contested cases, because a tenant's challenge to the complaint is resolved within days instead of weeks.
Coming in 2027: stricter service (AB 747)
AB 747, signed in October 2025, changes how process servers must document their work, with most changes operative January 1, 2027. Before substituted service, the server must show reasonable diligence, described as at least three good faith attempts at personal service on three different days and at different times. Unlawful detainer cases will require additional proof of service, including a dated photograph showing where service occurred, and the landlord must prove valid service if the tenant challenges it. Expect a short adjustment period as process servers update their practices.
What landlords should do
- Plan for the longer timeline when budgeting for lost rent.
- Get the notice right the first time; a defective notice now costs even more time.
- Use a process server familiar with the 2027 documentation rules.
- Keep your rent ledger accurate and ready for a default judgment or trial.
This article is general information about California law as of its date, not legal advice for your situation. Laws and local ordinances change, and court decisions can be reviewed or reversed. Reading it does not create an attorney client relationship.