California Tenants Now Have 10 Court Days to Answer an Eviction

For years, California tenants had only five court days to respond to an eviction lawsuit. That changed on January 1, 2025, when Assembly Bill 2347 took effect. Tenants now have 10 court days to file a response to an unlawful detainer complaint. Here is what that means and how to use the time well.

What AB 2347 changed

• More time to respond. The response period after personal service is now 10 days, excluding Saturdays, Sundays and judicial holidays (Code of Civil Procedure section 1167).
• Faster hearings on challenges. A tenant's demurrer or motion is generally heard within a short window after filing, so the case still moves quickly.
• Grounds for eviction did not change. The law changed the timeline, not the reasons a landlord can evict.

How to count the 10 court days

Start with the day after you were served. Count only weekdays that are not court holidays. The 10th court day is your deadline to file. For example, a tenant personally served on a Monday with no holidays in between would generally count Tuesday as day 1 and reach day 10 on the Monday two weeks later. If you were served by substituted service or by posting and mailing, additional days may apply, so confirm your deadline with an attorney.

What to do in the first few days

1. Write down the date and how you were served.
2. Gather your documents: the lease, the notice you received before the lawsuit, rent receipts, texts and emails with the landlord, and photos of any repair problems.
3. Check whether your unit is covered by rent control or the Tenant Protection Act. Just cause and relocation rules can be powerful defenses.
4. Talk to an attorney early. Ten court days goes quickly, and some defenses must be raised in the first filing.
5. Keep paying attention to the mail. Court notices, hearing dates and trial dates follow quickly.

What happens if you do not respond

The landlord can request a default judgment. The court can then issue a writ of possession, and the sheriff posts a notice giving you five days to leave before the lockout. A default can also include a money judgment for unpaid rent and costs. Responding on time keeps your options open, including negotiating more time to move.

Landlords: plan for the longer timeline

The extra five court days mean an uncontested eviction takes about a week longer than before. Getting the notice and service right matters even more, because a dismissal means starting over. See our landlord eviction services.

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