New real estate laws from 2025
It was a quiet year for new laws affecting real estate. However, California passed a new law that seeks to expedite the unlawful detainer process which generally benefits landlords.
AB 1384. Summary proceedings for obtaining possession of real property: procedural requirements
What the law currently requires
Existing law establishes procedures relating to an action for unlawful detainer and sets timelines regarding the filing of a complaint and the defendant’s response, including a demurrer or motion to strike. The hearing on such a motion is required to occur within five to seven court days after its filing, unless good cause is shown, in which case the hearing may occur on a later date on notice prescribed by the court.
How the bill changes the law
This bill is an effort to streamline the unlawful detainer process for commercial tenancies. This bill now provides that a court may order the hearing held on a later date on notice prescribed by the court either for good cause shown or upon the written stipulation of the parties. However, in the case of a commercial tenancy, the court may only order the hearing held on a later date for good cause shown that is not to exceed 10 court days after the first date set for a hearing on the motion.
Action items
If your business is a lessor or lessee of commercial property, the new law will help to expedite the unlawful detainer process which confers a benefit to lessors and, perhaps, a detriment to lessees.