Starting September 1, 2019, a new California law is giving tenants extra time to respond to eviction related notices.
As a Sacramento income property owner, it’s crucial you stay up to date on all California property management laws. After all, a judge is never going to accept the ignorance excuse. This means you must be diligent when it comes to learning about new laws.
To help get you up to speed on the newest law, Assembly Bill No. 2343, we’re going to outline what the current law says and what changes took place September 1, 2019.
Eviction Related Notices
Currently, tenants have 3 or 5 calendar days to respond to these eviction related notices:
- Notice to Pay or Quit: When your tenant is late with their rent, you can give them a Notice to Pay or Quit. This informs your tenant that they have 3 days to either pay the rent or leave the property. If the tenant does not pay or leave within the 3-day timeline, you can begin eviction proceedings.
- Notice to Perform Covenant or Quit: If your tenant violates the lease agreement, you can give them a Notice to Perform Covenant or Quit. This gives them 3 days to either remedy the issue or leave the property. If the tenant does not fix the problem within 3 days, you can begin eviction proceedings.
- Unlawful Detainer Summons: This summons tells the courts that you need help removing a tenant from your property. This is often seen when a tenancy has expired and the tenant won’t leave. Tenants have 5 days to respond to this summons with an official answer. If they don’t, they lose the case and eviction proceedings begin.
California Law AB 2343
Current law says that tenants receiving an eviction related notice must respond in 3 or 5 calendar days (depending on the notice).
For example, a Notice to Pay or Quit served on Monday will need a response by Thursday. That same notice served on Friday needs a response by the following Monday.
Under the new law, court holidays and weekends won’t count towards the 3 or 5-day response time for eviction related notices.
Why you ask?
Organizations protecting tenant rights claim that notices served on a Friday make it hard for tenants to seek legal counsel. After all, law offices are closed over the weekend. And if a tenant receives a notice on a Friday before a 3-day weekend, they definitely won’t have time to consult with a lawyer.
In other words, the calendar day structure denies tenants the ability to seek proper legal counsel.
So, using the same example mentioned above, a Notice to Pay or Quit served on Monday will need a response by Thursday. That same notice served on Friday needs a response by the following Wednesday.
That’s a big difference.
What Does AB 2343 Mean for Sacramento Landlords?
When AB 2343 goes into effect, tenants may have an extra 2 or 3 days to respond to eviction related notices. This means Sacramento landlords won’t be able to start eviction proceedings as fast.
That said, if you serve a notice on a Monday or Tuesday, and there are no holidays, the same 3-day timeline remains. The new law will only affect landlords serving tenants at the end of the week or around holidays.
In addition, the new law does not apply to 30-day and 60-day termination notices. It also doesn’t apply to Notices to Quit based on nuisance, unauthorized assignment, subletting, or waste.
It’s important to know that ending a tenancy is one of the most regulated California property management laws. And while it’s tough to keep up on changing legislation, it’s your responsibility to follow the law at all times.
If you feel like keeping up on landlord-tenant laws is too hard, contact us to see how our property management approach can help.
Here at Tiner Property Management, we know how important landlord-tenant laws are. Because of that, we’re dedicated to staying up to date on all legislative changes, such as AB 2343. Not to mention, we strive to maintain our eviction-free rate of 99%, which outperforms the local market, so you never have to worry about eviction related notices in the first place.