Between 2024 and 2026, California tightened its eviction rules and raised the cost of getting them wrong. Four changes matter most to landlords: tenants now get 10 court days to respond instead of 5 (AB 2347), a no-fault eviction done in bad faith can expose you to up to three times the tenant's actual damages (SB 567), a 2025 appeals court decision makes a poorly worded 3-day notice grounds to throw out the case (Eshagian v. Cepeda), and you now need photos to support repair and cleaning deductions from a deposit (AB 2801). None of this makes eviction impossible. What changed is how easily a careless case can fall apart, and what it costs when it does.
What changed, at a glance
| Change | What it does | Effective | Why it matters |
|---|---|---|---|
| AB 2347 | Tenant's window to respond to an unlawful detainer goes from 5 to 10 court days | Jan 1, 2025 | Adds time to the front of a contested case |
| SB 567 | Civil liability up to 3x the tenant's actual damages for bad-faith no-fault evictions; permits required before a "substantial remodel" notice; owner or relative move-in must be genuine, within 90 days, for at least 12 months | Apr 1, 2024 | A bad-faith no-fault eviction can get expensive |
| Eshagian v. Cepeda | A 3-day pay-or-quit notice can be invalid if it does not make clear how and by when to pay and that the tenant loses possession | June 26, 2025 | A weak notice can get the case dismissed |
| AB 2801 | Move-out photos (before and after cleaning or repairs) from Apr 1, 2025; move-in photos for tenancies starting Jul 1, 2025 | 2025 | Photos back up your repair and cleaning deductions |
| AB 246 / 628 / 414 | A temporary defense for tenants whose Social Security benefits are cut off; refrigerator and stove as habitability on new leases; rules for how deposits are returned | Jan 1, 2026 | New compliance points |
| AB 1482 cap | Rent increase on covered units capped at 5% plus regional CPI, 10% maximum (for Aug 2025 to Jul 2026: about 8% in the Orange County / LA area, 7.5% in Riverside / San Bernardino; for Aug 2026 to Jul 2027 the caps rise to about 8.7% and 8.1%) | Aug 1, 2025 to Jul 31, 2026 | Limits how fast you can raise rent |
The changes that affect how you evict
AB 2347: tenants now get 10 days to respond
The window a tenant has to file a response to an unlawful detainer doubled, from 5 to 10 court days, not counting weekends and court holidays. It does not add time before you file, and it does not slow an uncontested case much. On a contested matter it pushes the timeline out, and if you serve by mail the response window can be longer still. It is one more reason to get the filing clean the first time.
SB 567: a bad-faith no-fault eviction got expensive
For no-fault, just-cause evictions on units covered by AB 1482 (an owner or relative move-in, a substantial remodel, or pulling the unit off the market), SB 567 raised the stakes for doing it in bad faith. A landlord who recovers possession in material violation of the rules can owe the tenant actual damages and attorney fees, and if the landlord acted willfully or with fraud, oppression, or malice, up to three times the actual damages plus punitive damages. A substantial-remodel eviction generally requires the actual permits before you serve the notice (or, for qualifying hazardous-material work that needs no permit, the required contractor documentation). An owner or relative move-in has to be genuine: the notice must name the intended occupant and their relationship, the occupant must move in within 90 days, and they must live there as a primary residence for at least a year. Of all these changes, a botched no-fault eviction carries the biggest financial downside.
Eshagian v. Cepeda: the 3-day notice has to be right
In June 2025, a California Court of Appeal held that a 3-day pay-or-quit notice was invalid because it did not make clear when and how the tenant had to pay, did not explain that the deadline excluded weekends and court holidays, and did not clearly warn that the tenant would lose possession if they did not cure in time. It even pointed to the tenant's own unit as the place to pay, instead of a clear payment address. The words "pay or quit" at the top were not enough. The complaint did not state a valid unlawful detainer claim, and the court vacated the possession judgment. For a landlord, the risk is concrete: a defective notice can get the case dismissed after you have already filed, forcing you to re-serve, refile, and absorb more lost rent.
AB 2801: photograph the unit or risk losing deposit deductions
To support repair and cleaning deductions from a security deposit, landlords now need photo documentation. Move-out photos, taken before and after any cleaning or repairs, are required for move-outs beginning April 1, 2025. Move-in photos are required for tenancies that begin on or after July 1, 2025. A bad-faith failure to provide the required photos with your itemized statement can defeat your claim against the deposit.
(Also taking effect January 1, 2026: AB 246 creates a temporary court defense for tenants whose Social Security benefits are interrupted by federal action or inaction, AB 628 makes a working refrigerator and stove part of habitability on leases entered or renewed on or after that date, and AB 414 sets rules for how security deposits are returned, including electronically when the tenant paid electronically.)
What it adds up to
California eviction is more procedural and less forgiving of mistakes than it was even two years ago. The notice has to comply with the current rules, and a no-fault eviction is no longer low-risk. The cost of a misstep, a dismissed case, weeks or months of additional lost rent, or no-fault civil liability, is higher than it used to be.
Where your property is matters too
How an eviction plays out depends a lot on the city and county, because tenant-defense resources vary sharply by locality. San Francisco has a formal tenant right-to-counsel program. The City of Los Angeles and unincorporated Los Angeles County have funded eviction-defense and right-to-counsel programs with their own eligibility limits, and Santa Monica and parts of the Bay Area also have significant tenant-defense resources. Where more tenants are represented, more cases get contested and timelines stretch.
Orange County, Riverside, and San Bernardino have legal aid, clinics, and court self-help resources too, and a tenant can still demand a jury trial, so do not assume any case will be uncontested. What you can control is your own paperwork. A well-prepared case, with correct notice, proper service, and complete filings, avoids the self-inflicted delays that sink a lot of evictions. Timing still depends on the court, the tenant's response, any motions, the trial setting, a possible jury demand, and sheriff availability for the lockout.
A quick compliance checklist
- Confirm whether the unit is covered by AB 1482 or exempt, and check for stricter local rent control.
- Use updated 3-day notice language after Eshagian: the exact amount owed, the start date and the final deadline (calculated without counting weekends and court holidays), a valid payee, payment method, and address, and clear language that failure to pay within the period or move out will result in loss of possession.
- Make sure the rent demanded does not include improper charges.
- For an owner or relative move-in, document the intended occupant, the relationship, the 90-day move-in, and the 12-month primary-residence requirement.
- For a substantial remodel, have the required permits before you serve notice.
- For deposits, take move-out photos before and after cleaning or repairs, and move-in photos for tenancies starting July 1, 2025.
- For 2026 leases, check the new refrigerator-and-stove and deposit-return rules.
Talk to an Orange County eviction attorney
Steven D. Silverstein has represented Southern California landlords in eviction cases since 1979 (California State Bar #86466). The Los Angeles Daily Journal profiled him as one of Orange County's "Eviction Kings" in a December 31, 2012 feature. If you own rental property in Orange County or the Inland Empire and want counsel to get the notice, filing, and procedure right under current law, call 714-832-3651. For the step-by-step process, see the California eviction timeline.
Last reviewed June 2026. This article is general information for California landlords and is not legal advice for your situation. Laws change, so confirm the current rules for your property before you act.