AB 747 (SPARE Act): Stricter Proof of Service in Evictions

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

Starting January 1, 2027, eviction complaints must state when, where, and how the termination notice was served, and process servers must document service with timestamped, GPS-tagged photos after three real attempts.

Citation
AB 747 (Stats. 2025, ch. 563), as amended by AB 2042 (Stats. 2026, ch. 379); Code Civ. Proc. §§ 415.20, 415.45, 417.10, 473.2, 1166
Status
Upcoming
Effective
Jan 1, 2027
Jurisdiction
California
Applies to
Landlords who file eviction (unlawful detainer) cases, and their process servers and attorneys
Key numberValueAs of
Operative dateJanuary 1, 2027Sep 25, 2026
Attempts before substituted service or posting3, on 3 different days at 3 different timesSep 25, 2026
Photo stamp on proof of serviceDate, time, and GPS coordinatesSep 25, 2026

Last reviewed Sep 29, 2026 · Checked against the official text · Changed in 2026

What it requires

  • An eviction (unlawful detainer) complaint must state how the termination notice was served, plus the date, time, and location of service.
  • Before substituted service, the server must attempt personal delivery in good faith at least three times, on three different days, at three different times. The same standard applies before a court allows posting of an eviction summons.
  • Proof of service must include photos of the service site with a readable, automatic date, time, and GPS stamp, unless taking one would compromise the server’s safety.
  • A tenant who says they weren’t properly served can ask the court to set aside a default or dismiss the case. Once the tenant offers sworn evidence, the landlord must prove service was lawful. AB 2042 (2026) confirmed this applies only to service attempted or completed on or after January 1, 2027.

Owner checklist

  • Log the method, date, time, and exact location every time you serve a notice
  • Keep that log with the notice copy in the tenant file
  • Confirm your process server can produce timestamped, GPS-tagged photos
  • Ask your eviction attorney what changes in their intake for cases filed in 2027

What changed and what’s next

  • Sep 20, 2026: AB 2042 (Ch. 379, Stats. 2026) signed: the new service rules apply to service attempted or completed on or after Jan 1, 2027; a pre-2027 proof of service is not invalid just for lacking a photo (CCP 473.2)
  • Oct 10, 2025: Signed into law (Chapter 563, Statutes of 2025), operative January 1, 2027
  • Expected Jan 1, 2027: Law becomes operative; watch for updated Judicial Council forms

From our East Bay files

For our clients, termination notices in eviction cases are served through our eviction attorney, and today the record of service is the server's affidavit. Ahead of January 1, 2027, we're working with our attorney on their new intake requirements, so the date, time, location and photo evidence AB 747 requires are in hand before a case is filed.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

Need a Hand?

📬 Get the Thursday Tip + Free Rental Rules Cheat Sheet

A quick-reference guide to California and East Bay rental rules for 2026.
One practical East Bay housing insight, delivered weekly by email.

* required

🇺🇸


No spam. Unsubscribe anytime.
View past tips