Tenants facing eviction now have ten days to respond to a complaint, not five. The change, signed into law in September, was not opposed by the state’s central landlord lobby, the California Apartment Association. However, landlords could go another five days with unpaid rent or another situation that led to the eviction filing.
A landlord suing to evict a tenant would serve them with a formal notice (an unlawful detainer). Under prior law, if a tenant didn’t respond in writing within five business days (excluding specified days) after the complaint was served on them, they could lose the case due to that failure by default, not on the case’s merits. The new law extends that time to 10 days.
Ten days to respond to a complaint in a civil legal matter is a short period, relatively speaking. Defendants in other cases may have 30 days to reply to a complaint.
The New Law’s Costs and Benefits
The new law comes after a surge in evictions due to the end of pandemic-era tenant protections. Tenant advocates claim the law will help low-income renters in areas where legal help is difficult to find or they face a situation that would make it difficult to respond within five business days.
Language barriers, work schedules, and a lack of transportation may hamper a tenant’s ability to respond promptly. It’s estimated about 40% of tenants facing eviction in California lose their cases by default, according to the Press Democrat.
The standard answer form asks tenants to state factual disagreements with the landlord and choose among multiple legal defenses. Most tenants would not know which defense may apply without legal help.
Lengthening the time to respond stretches out the eviction process, which, if challenged by the tenant, may take months to resolve. This increases costs to landlords, who will pass them onto tenants or absorb them, and potentially delays the availability of a unit, restricting the housing supply.
We’re Here to Help
If you have questions about the eviction process and how to make it go as smoothly as possible, call the AWB Law PC team at (949) 244-4207 or fill out our online contact form today. We can discuss your situation, how California laws may apply, and how we can help.
