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Published July 15, 2026
Yes. AB 246 lets tenants pause a nonpayment eviction if Social Security benefits were delayed through no fault of their own.
As of January 1, 2026, California tenants facing eviction for nonpayment of rent can raise a new affirmative defense under AB 246, the Social Security Tenant Protection Act. If the tenant proves their household's Social Security benefits were terminated, delayed, or reduced through no fault of their own, and that hardship caused the missed rent, the court must stay the unlawful detainer case until the earlier of 14 days after benefits are restored or six months after the stay is issued. The tenant still owes the rent.
AB 246, signed October 6, 2025 and effective January 1, 2026, adds Civil Code section 1946.3, a narrow but real defense to nonpayment eviction cases statewide, including here in the South Bay. It does not apply to eviction actions based on lease violations, nuisance, owner move-in, or any other cause besides unpaid rent. It only reaches unlawful detainer actions where the sole basis is nonpayment.
To invoke it, the tenant has to bring evidence, not just an assertion, that Social Security income the household normally receives was cut off, delayed, or reduced for reasons outside their control, and that this specific disruption is what caused them to miss rent. A tenant who simply stopped paying rent for unrelated reasons cannot use a coincidental Social Security delay as cover.
If the tenant meets that evidentiary bar, the court stays the case rather than dismissing it. The stay lasts until the earlier of two points: 14 days after the household's Social Security benefits are restored, or six months after the court issues the stay. That cap matters for owners: this is not an indefinite hold on your unlawful detainer case. Once the stay period runs, the case can proceed.
Critically, AB 246 does not forgive the debt. The statute requires that once benefits resume, the tenant must, within 14 days, either pay the full back rent balance or enter into a payment plan with the landlord. If the tenant does neither, the eviction can move forward on the original nonpayment claim. This law is set to sunset and be repealed on January 20, 2029, unless the Legislature acts to extend it.
For owners in Hermosa Beach, Manhattan Beach, Redondo Beach, and El Segundo, the practical impact shows up at the unlawful detainer filing and hearing stage, not before. A three day pay or quit notice still gets served the same way. What changes is that once the case is in court, a tenant whose household relies on Social Security benefits now has a documented path to buy time if a federal payment was actually disrupted. The statute refers to Social Security benefits generally and does not spell out which specific benefit types qualify, so expect tenants receiving retirement, disability, or survivor payments to raise it and let the court sort out coverage. Given ongoing volatility in federal benefit processing that has made headlines in 2025 and 2026, expect this defense to come up more often in cases involving senior or disabled tenants.
The defense requires real evidence: a benefit verification letter, an SSA notice of delay or reduction, or similar documentation. Owners should not assume every tenant claim qualifies, but should also not ignore it once documentation is presented, since the court, not the landlord, decides whether the stay applies.
Document your notices and communications carefully in any nonpayment case involving a tenant whose income includes Social Security benefits. If a tenant raises a benefit delay, ask for the SSA documentation early rather than at the hearing, and be ready for a case to pause for up to six months rather than resolve on your original timeline. Build that possibility into your cash flow planning for any unit where you know the tenant's income includes federal benefits.
If you would rather have someone else track statutes like this and flag them before they hit your file, that is part of what we do for our owners.
This is general information, not legal or tax advice. Confirm with a licensed professional before you act.
Last verified: July 2026.
Topics: compliance, eviction, AB 246, social security, unlawful detainer, south bay
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