Changes to California Unlawful Detainer Law 2024 - 2026
SB 567 — Stricter No-Fault Just Cause Eviction Requirements (Effective April 1, 2024)
SB 567, authored by Senator Maria Elena Durazo, alters the requirements for two specific types of no-fault tenancy terminations regulated under the Tenant Protection Act of 2019 (AB 1482). California Apartment Association The changes most relevant to unlawful detainer practice are:
Owner/Family Move-In: Owners retain the right to end tenancies for owner or family move-in, but the intended occupant must reside in the unit for at least 12 months as their primary residence and must move in within 90 days after the tenant vacates. The legislation specifies who qualifies as an "owner" — including individuals, family trusts, and in some cases partnerships or LLCs. California Apartment Association Violations can expose landlords to triple tenant damages plus attorney fees. LeaseRunner
Substantial Remodel Evictions: When SB 567 goes into effect, specific verbiage must be included in the termination notice stating the work to be performed and acknowledging the tenant's right to reoccupy the property if the work is not started or completed. Owners must provide copies of any requisite permits at the same time the termination notice is served, and the tenant must be informed of their right to reoccupy and required to provide updated contact information. Bornstein Law
SB 567 does not apply to properties that were exempt under AB 1482, and it does not change the existing requirement that just-cause protections apply only to tenants who have occupied the property for at least 12 months, extending to 24 months if additional adult tenants are added to the lease before the existing tenant reaches 24 months. California Apartment Association
AB 2347 — Extended Tenant Response Time and Demurrer Hearing Schedule (Signed September 24, 2024; Effective January 1, 2025)
Response Time: AB 2347 amended Sections 1167 and 1170 of the Code of Civil Procedure. Under the new law, tenants have 10 business days to respond to an unlawful detainer summons and complaint, doubling the previous 5-day deadline that had been in place since 1971. CBS8
Demurrer and Motion to Strike: California Code of Civil Procedure Section 1170 was amended to allow a tenant to respond by filing an answer, a demurrer, or a motion to strike. If the tenant responds by filing a demurrer or a motion to strike, there must be a hearing not less than five court days and not more than seven court days thereafter. The court, upon a showing of good cause, may order the hearing to be held at a later date. Ballard Spahr
Mail Service: If service is completed by mail or through the Secretary of State's address confidentiality program, the tenant has 15 days to respond. CA
AB 246 — Social Security Tenant Protection Act of 2025 (Effective January 1, 2026)
AB 246, until January 20, 2029, authorizes a tenant of residential real property to assert Social Security hardship as an affirmative defense in an unlawful detainer proceeding based on the nonpayment of rent. "Social Security hardship" is defined as a loss of income due to an interruption in Social Security benefits due to the action or inaction of the federal government. The tenant must provide evidence, to the satisfaction of the court, that Social Security payments typically received by the tenant's household have been terminated, delayed, or reduced due to no fault of the tenant and that the hardship prevented the tenant from paying rent. If the tenant successfully provides this evidence, the court must issue a stay of the Unlawful Detainer action. The stay lasts until the earlier of 14 days after the tenant's Social Security benefits are restored, or six months total have elapsed since the stay was issued. The affirmative defense does not apply to any unlawful detainer action other than one based on nonpayment of rent.
AB 1384 — Commercial Unlawful Detainer Demurrer Hearing Timelines (Effective January 1, 2026)
AB 1384 further amends Section 1170 to ensure that if a court orders a later hearing date on a demurrer in a commercial unlawful detainer case, the hearing may not be more than 10 court days after the first date set for the hearing on the demurrer — meaning a hearing must occur between 15 and 17 court days after the motion is filed. The parties may stipulate in writing to a mutually agreeable hearing date beyond the statutory deadline. Note that this law applies to commercial unlawful detainer cases only, not residential.
AB 747 — SPARE Act: Service of Process Reforms in Unlawful Detainer Cases (Signed October 2025; Operative January 1, 2027)
Although signed in 2025, most provisions of AB 747 do not take effect until January 1, 2027, making it the next major phase of Unlawful Detainer procedural change. The SPARE Act is described as the first statewide modernization of service of process of its kind and the most significant reform to California's service of process rules in 50 years, designed to address "sewer service" — the practice of process servers failing to properly notify defendants they are being sued. Key provisions affecting unlawful detainer include:
Proof of Service Requirements: The bill defines "reasonable diligence" for purposes of service of process in unlawful detainer cases to mean attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at different times. Proof of service must include at least one photograph of the site of service, and a readable stamp and GPS coordinates indicating the date, time, and location of service.
Unlawful Detainer Complaint Requirements: The bill additionally requires the unlawful detainer complaint to include information describing the date, time, and location of effectuated service of the termination notice. LegiScan
Challenging Defective Service: The bill authorizes a party that did not receive proper service to bring a motion to set aside or vacate a default or default judgment or for leave to defend the action. The party seeking the default or default judgment has the burden of proving by a preponderance of the evidence that service was lawful. The Act also confirms that people can challenge default judgments obtained through unlawful service at any time, adopting the California Supreme Court's 2024 ruling in California Capital Insurance Co. v. Hoehn.
AB 863 — Multilingual Unlawful Detainer Summons Form (Effective 2026, Form Due by January 1, 2027)
AB 863 was amended to require the California Judicial Council to create, by January 1, 2027, a single summons form for mandatory use in an unlawful detainer translated into English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
Updated April 13, 2026.