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Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. Advantage Property Management Services is not a law firm. For guidance specific to your situation, consult a licensed California attorney.
California has added another layer to its eviction law. Assembly Bill 246, signed by Governor Newsom on October 6, 2025, and effective January 1, 2026, creates a new affirmative defense that tenants can assert in unlawful detainer proceedings when their Social Security income has been interrupted through no fault of their own. For landlords in Pleasanton, Livermore, Dublin, Castro Valley, and San Ramon, understanding how this law works (and what it requires of you when a tenant invokes it) is now part of managing a legally compliant rental property in California.
This is not a law that will come up with every tenancy. But when it does apply, the procedural and financial stakes are real. A landlord who proceeds with an eviction without recognizing a valid AB 246 defense risks having the case dismissed and starting over entirely.
Key Takeaways
AB 246, known as the Social Security Tenant Protection Act of 2025, allows tenants to assert a Social Security hardship defense in eviction proceedings based on nonpayment of rent
The defense applies only when benefit interruptions result from federal government action or inaction, not from a tenant's own decisions or circumstances
A court that finds the defense valid must issue a stay of the unlawful detainer action while the hardship is in effect
The tenant is not relieved of their obligation to pay rent — they must pay all past due amounts or enter a payment plan within 14 days of benefits being restored
The law is temporary, expiring January 20, 2029
What AB 246 Does and Why It Was Passed
California's legislature recognized a specific gap in tenant protections: when federal Social Security payments experience delays or disruptions, recipients (often seniors or individuals with disabilities) may suddenly find themselves unable to meet their monthly rent obligations through no fault of their own.
The timing of AB 246 is not coincidental. The January 2025 Los Angeles wildfires and subsequent federal benefit processing disruptions highlighted how quickly a reliable fixed-income tenant could fall behind on rent due to circumstances entirely outside their control. California lawmakers responded with a targeted legal shield — not a rent forgiveness program, but a procedural pause that gives tenants time to resolve a benefit interruption before losing their housing.
For landlords, the practical question is straightforward: what are you required to do when a tenant raises this defense, and what happens next?
How the Defense Works
What Qualifies as a Social Security Hardship
AB 246 defines "Social Security hardship" as a loss of income due to an interruption in the payment of Social Security benefits due to the action or inaction of the federal government. This is a narrow definition. A tenant who simply runs short on funds, mismanages their income, or voluntarily changes their benefit arrangements cannot invoke AB 246. The interruption must be directly traceable to a federal government failure: a system error, administrative delay, agency backlog, or similar disruption beyond the tenant's control.
Disability income recipients who rely on Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) are equally covered under the law's protections, provided the same federal interruption standard is met.
What the Tenant Must Prove
A tenant asserting this defense cannot simply claim hardship and expect a case to stop. The law requires the tenant to provide, to the satisfaction of the court, evidence 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 the rent.
In practice, this means the tenant needs documentation: a notice from the Social Security Administration, bank records showing the missing deposit, or other evidence establishing that the benefit was disrupted and that the disruption caused the nonpayment. A bare assertion without supporting documentation will not satisfy the legal standard.
What Happens When the Defense Is Accepted
If the tenant successfully provides this evidence, the court is required to issue a stay of the unlawful detainer action. The eviction proceedings pause while the Social Security hardship remains in effect. The stay continues until the benefit disruption is resolved and the tenant's income is restored.
This is a mandatory outcome. Courts do not have discretion to deny the stay once a valid defense is established. That makes it important for landlords to understand early in any nonpayment situation whether a tenant may be relying on Social Security income and whether a federal disruption could be at play.
What Happens After Benefits Resume
AB 246 does not forgive unpaid rent. The law does not relieve a tenant of their obligation to pay past due rent, and it requires a tenant, within 14 days of the Social Security benefits being restored, to either pay all past due rent or enter into a mutually agreed upon payment plan with the owner of the residential real property.
If the tenant pays all past due rent or enters into a payment plan with the owner, the court is required to either dismiss the unlawful detainer action with prejudice or set aside the judgment against all named and unnamed defendants in the action.
This outcome, a full dismissal with prejudice, means the landlord cannot refile on the same underlying nonpayment claim. It is therefore in the landlord's interest to document the payment plan carefully and ensure its terms are clear and enforceable in writing.
What This Means for Landlords Practically
Know Whether Your Tenant Relies on Social Security Income
AB 246 applies narrowly, but landlords who do not know their tenant's income sources may be caught off guard when the defense is raised mid-eviction. Thorough tenant screening that documents income sources at the time of application puts you in a better position to anticipate and respond to this scenario if it arises.
California law does prohibit landlords from discriminating against tenants based on source of income, so this is not about avoiding Social Security recipients as tenants. It is about knowing your tenant's financial profile well enough to manage the tenancy effectively when disruptions occur.
Document Everything from the First Missed Payment
When a tenant falls behind on rent, your documentation of every step matters. Dates of missed payments, written notices served, tenant communications, and any statements from the tenant about their financial situation all become relevant if an unlawful detainer action is eventually filed and a hardship defense is raised. A well-documented file protects you regardless of how the case proceeds.
Respond to Payment Plan Requests in Writing
If a tenant invokes AB 246 and their benefits are eventually restored, any payment plan you agree to must be in writing and clearly specify the amount owed, the repayment schedule, and the consequences of default. A verbal agreement creates ambiguity that can complicate enforcement and potentially delay your ability to proceed if the tenant fails to follow through.
Do Not Ignore the Defense
Proceeding with an eviction while a valid AB 246 defense is in play is not a shortcut; it is a legal risk. If a court determines the defense was valid and the landlord failed to recognize or respond to it appropriately, the case can be dismissed, and the landlord must begin again. In California's unlawful detainer process, where timeline and procedure are already heavily regulated, starting over has real financial consequences.
How Long Does AB 246 Last?
This protection remains active through January 20, 2029, giving it approximately a four-year lifespan. The law applies to unlawful detainer proceedings filed on or after January 1, 2026. Landlords managing long-term tenancies with Social Security recipients should build awareness of this defense into their eviction procedures for the duration of the law's effective period.
The Judicial Council is required to adopt or modify forms as needed to implement the Act by January 1, 2027, which means updated court documentation procedures are forthcoming. Staying current on those procedural changes will be important for landlords who handle eviction matters directly.
Frequently Asked Questions about California's AB 246
Does AB 246 apply to all residential rental properties in California?
Yes. The law applies to all residential real property intended for human habitation, including single-family homes, condominiums, and units in mobilehome parks.
Can a tenant use AB 246 to avoid paying rent permanently?
No. The law does not forgive unpaid rent. It only pauses eviction proceedings while a documented federal benefit interruption is in effect. Once benefits are restored, the tenant must pay all past due rent or enter a repayment agreement within 14 days.
What documentation can a landlord request when a tenant claims a Social Security hardship?
Landlords can request evidence that benefits were disrupted due to federal action or inaction, such as a notice from the Social Security Administration or bank records showing the missing deposit. The tenant must satisfy the court's standard of proof, not just the landlord's request.
Does AB 246 cover tenants receiving SSI or SSDI?
Yes. The law covers tenants whose Social Security income — including Supplemental Security Income and Social Security Disability Insurance — has been interrupted due to federal government action or inaction.
What happens if a tenant enters a payment plan but then fails to pay?
A default on the agreed payment plan would restart the nonpayment eviction process. This is why documenting the payment plan in writing with clear terms is essential before agreeing to one.
Managing Eviction Risk Before It Starts
AB 246 is one more reminder that California's eviction process leaves little room for procedural error. The landlords most exposed to complications are those without established systems for documentation, tenant communication, and legal compliance monitoring — the kinds of systems that prevent most eviction situations from arising in the first place.
At Advantage Property Management Services, we have maintained a zero-eviction record since opening our doors in 2010. That track record is built on thorough tenant screening, proactive communication, and staying current on every change to California landlord-tenant law — including laws like AB 246 that require landlords to adjust their procedures mid-process. If you own a rental property in Pleasanton, Livermore, Dublin, Castro Valley, or San Ramon and want that same level of protection for your investment, reach out to our team to learn how we approach eviction prevention differently.
Additional Resources
A Legal Guide to Just Cause Evictions for California Landlords
The Different Types of Eviction Notices and How to Serve Them Correctly in California
What California Landlords Must Document (and Keep) to Stay Compliant in 2026
