Dear Valued Client,
Earlier this year, California Governor Brown signed the bill, AB 2343, which affects the notice period in non-payment of rent and breach of covenant of lease unlawful detainer actions and the response period in all unlawful detainer actions. The bill goes into effect on September 1, 2019 and will cause Saturdays, Sundays, and judicial holidays to be excluded from the notice and response periods.
For example, whereas prior to September 1, 2019, if a 3-day Notice to Pay or Quit or a 3-day Notice to Perform Conditions or Covenants or Quit were to be served on a Friday, the occupant would have until the end of Monday to comply, this law would allow the occupants until the end of Wednesday to comply. This affects when the unlawful detainer complaint can be filed.
In our post-foreclosure context, the new California law does not affect the initial notice period, but affects when we can file a Default Judgment and check for a response. It would essentially provide the occupants an extra week to respond to the complaint as the occupants will now be allowed 15 court days to respond rather than 15 calendar days.
Please feel free to reach out to our Managing Eviction Attorney, Talia Cortese, if you have any questions.
Talia M. Cortese, Esq. | ZBS Law, LLP
Managing Eviction Attorney
(714) 848-7920 x 423