How AB 246 Changes Evictions for Non-Payment Due to Social Security Payment Delays

California landlords are facing another important shift in eviction law with the passage of AB 246, also known as the Social Security Tenant Protection Act. This law changes how non payment evictions may proceed when a tenant’s missed rent is tied to delayed, reduced, or interrupted Social Security benefits. While the rent is still owed, AB 246 can temporarily block an eviction and create unexpected delays in the unlawful detainer process. For landlords, understanding how this law works is critical to protecting cash flow, avoiding procedural mistakes, and managing risk in a highly regulated environment.

Key Takeaways

• AB 246 creates a temporary eviction defense when non payment is caused by Social Security payment delays.
• Rent is not forgiven, and tenants remain responsible for all unpaid amounts.
• Landlords may face court delays if a tenant properly raises a Social Security hardship defense.
• Proper documentation and compliance with notice requirements are essential.
• The law applies statewide and builds on earlier local protections, especially in California.

Table of Contents

• What Is AB 246 and Why It Matters to Landlords
• How the California AB 246 Eviction Defense Works
• What AB 246 Does and Does Not Do
• Impact on the Eviction Process for Landlords
• Landlord Compliance Considerations Under AB 246
• Managing Risk When Tenants Rely on Social Security Income
• Common Scenarios Landlords May Encounter
• Conclusion: Planning Ahead Under AB 246

What Is AB 246 and Why It Matters to Landlords

AB 246 was enacted in late 2025 and signed into law by Gavin Newsom. The law was designed to address situations where tenants relying on Social Security income fall behind on rent because their benefits are delayed or temporarily reduced through no fault of their own.

From a landlord perspective, this law matters because it introduces a new statutory defense in eviction cases. Even when rent is unpaid, a tenant may be able to pause an eviction by showing that the missed payment was directly caused by a verified interruption in Social Security benefits. This can affect timelines, court strategy, and expectations around recovery of possession.

How the California AB 246 Eviction Defense Works

The core of the California AB 246 eviction defense is causation. The tenant must show that the non payment of rent was directly caused by a delay, reduction, or stoppage in Social Security income. This is not a blanket protection and it does not apply to all tenants who receive Social Security.

If a tenant raises this defense in an unlawful detainer case, the court may temporarily stop the eviction process. The protection lasts only while the Social Security issue exists and typically ends once payments resume or after a defined statutory period. During this time, landlords may be prevented from obtaining a judgment for possession even though rent remains unpaid.

What AB 246 Does and Does Not Do

One of the most important points for landlords to understand is what AB 246 does not do. The law does not forgive rent, cancel lease obligations, or convert unpaid rent into a grant or subsidy. All rent remains owed in full.

AB 246 also does not permanently block eviction. It creates a pause, not immunity. Once Social Security payments resume, landlords may be able to proceed, assuming all other requirements are met. This distinction is critical when evaluating whether to wait, negotiate, or prepare for further court action.

Impact on the Eviction Process for Landlords

In practical terms, AB 246 can slow down non payment evictions. A case that might otherwise move forward quickly can be delayed if the tenant asserts a Social Security hardship defense and provides supporting information.

For landlords, this means eviction timelines may become less predictable. Court hearings may be continued, and judges may require additional documentation before allowing a case to proceed. In some situations, landlords may need to monitor the status of the tenant’s Social Security benefits before the case can move forward.

Landlord Compliance Considerations Under AB 246

Compliance is where many landlords face the greatest risk. Notices, pleadings, and documentation must be accurate and up to date. While AB 246 does not eliminate the ability to serve pay or quit notices, landlords must be prepared for tenants to raise this defense once a case is filed.

Record keeping becomes especially important. Clear rent ledgers, written communications, and proof of service can make a significant difference if a court is evaluating whether a delay is justified. Landlords who rely on outdated forms or inconsistent records may face unnecessary setbacks.

Managing Risk When Tenants Rely on Social Security Income

AB 246 highlights the importance of risk management for landlords with tenants who rely heavily on fixed income sources like Social Security. While landlords cannot discriminate based on source of income, they can focus on consistent procedures and proactive communication.

Understanding how and when rent issues arise allows landlords to plan ahead. Monitoring patterns of late payments, maintaining professional documentation, and staying current on California landlord tenant law updates can reduce exposure to prolonged vacancies and legal delays.

Common Scenarios Landlords May Encounter

One common scenario involves a tenant whose Social Security payment is delayed due to administrative processing issues. In this case, the tenant may raise AB 246 as a defense, and the eviction may be paused temporarily.

Another scenario involves a tenant who claims hardship but cannot verify a Social Security interruption. In those cases, the defense may not apply, and the eviction may proceed. Courts will often look closely at documentation and timing, which reinforces the importance of landlord preparation.

Conclusion: Planning Ahead Under AB 246

AB 246 adds another layer to California’s already complex eviction landscape. For landlords, the key is preparation, documentation, and realistic expectations. While the law can delay non payment evictions tied to Social Security payment issues, it does not eliminate rent obligations or permanently block eviction rights.

Staying informed, reviewing internal procedures, and understanding how the California AB 246 eviction defense works can help landlords navigate these situations more effectively and with fewer surprises.