AB 246: California's Social Security Eviction Defense Explained for Landlords

Since January 1, 2026, a California tenant facing eviction for unpaid rent can pause the case if a federal interruption in their Social Security benefits caused the missed rent. Under AB 246, the Social Security Tenant Protection Act of 2025 (Civil Code §1946.3), the court must stay the eviction for up to six months. The rent isn't forgiven. The tenant must pay it, or agree to a payment plan, within 14 days after benefits are restored. The law runs through January 20, 2029.

Here's how the defense works and how to handle a nonpayment case when a tenant relies on Social Security.

What AB 246 Does

AB 246 creates an affirmative defense a tenant can raise in an unlawful detainer (eviction) case based on nonpayment of rent. It covers a "Social Security hardship": a loss of income because Social Security payments were interrupted by the action or inaction of the federal government.

To use the defense, the tenant has to prove to the court that:

1. Social Security benefits their household normally receives were terminated, delayed, or reduced through no fault of their own, and
2. That hardship prevented them from paying the rent claimed in the eviction case.

How the Stay Works

If the tenant proves both points, the court must pause the eviction until the earlier of:

• 14 days after the tenant's benefits are restored, or
• 6 months after the stay is issued

"Restored" means the reinstated benefit has actually been received, not just approved.

The Rent Is Still Owed

AB 246 does not forgive rent. Within 14 days of benefits being restored, the tenant must either:

• Pay all past-due rent, or
• Enter a payment plan that both the tenant and landlord agree to

If the tenant does one of those, the court restores the tenancy and either dismisses the eviction with prejudice or sets aside any judgment. In that case, the landlord can't refile the same eviction.

If the tenant doesn't pay or agree to a plan, the landlord can generally move forward with the case once the stay ends.

What AB 246 Doesn't Cover

• Only nonpayment cases. The defense doesn't apply to evictions for lease violations, nuisance, or other just-cause reasons.
• Only federal interruptions. The income loss must come from the federal government's action or inaction, such as an administrative delay, a suspension, or a shutdown-related disruption. A tenant who simply spent their benefits or lost a different income source doesn't qualify.
• It's temporary. The law expires on January 20, 2029, unless extended.

How This Changes Nonpayment Cases

For small landlords, the biggest risk is spending weeks and hundreds of dollars on an eviction, only to have it paused for months and then dismissed once the tenant catches up.

A smarter approach when a tenant who relies on Social Security falls behind:

1. Talk first. Ask whether there's a problem with their benefits. A quick conversation can save a lot of time.
2. Ask for documentation. A notice from the Social Security Administration or bank statements showing a missing deposit can confirm the situation.
3. Consider a written payment plan up front. If benefits are on hold, a signed plan may get you paid sooner, and with less cost, than a stayed court case.
4. Serve notices correctly anyway. If you do need to serve a 3-Day Notice to Pay Rent or Quit, it still has to be accurate and properly served.
5. Keep a clean rent ledger. If the case goes to court, you'll need exact amounts owed and payment dates.
6. Watch for Judicial Council forms. The courts must adopt forms for this defense by January 1, 2027, so procedures may change.

Frequently Asked Questions

Does AB 246 mean I can't evict a tenant on Social Security?

No. It only applies to nonpayment cases where the tenant proves a federal interruption in benefits caused the missed rent. Other evictions proceed normally.

How long can the eviction be paused?

Until 14 days after benefits are restored, or 6 months after the stay is issued, whichever comes first.

Does the tenant still owe the back rent?

Yes. They must pay it in full, or agree to a payment plan with you, within 14 days of benefits being restored.

Does AB 246 apply to SSI as well as retirement and disability benefits?

The law refers to Social Security benefits generally. If you're unsure whether a tenant's benefits qualify, ask your attorney before filing.

Bottom Line for Landlords

1. AB 246 applies only to nonpayment evictions caused by a federal interruption in Social Security benefits.
2. A proven defense pauses the case for up to 6 months.
3. Rent isn't forgiven. The tenant must pay or agree to a payment plan within 14 days of benefits being restored.
4. If a tenant on Social Security falls behind, talk first and consider a written payment plan before filing.

This article is for general informational purposes and isn't legal advice. For guidance on your specific situation, consult a California landlord-tenant attorney.