AB 246: The New Social Security Eviction Pause California Landlords Should Plan For in 2026
Under AB 246, effective January 1, 2026, a California tenant whose rent nonpayment is caused by a documented, government-caused delay or interruption in their Social Security benefits can ask the court to pause an unlawful detainer for up to six months while the interruption is resolved. The tenant still owes the rent, and the protection applies only in defined circumstances, but it can change the timeline of a nonpayment eviction, so it is worth understanding before you file.
Most new tenant-protection laws land on the eviction process indirectly. AB 246, effective January 1, 2026, lands on it directly: it creates a defense that can pause a nonpayment eviction. For owners pursuing an unlawful detainer, it is worth knowing when it applies and what it changes.
What AB 246 does
AB 246, sometimes called the Social Security Tenant Protection Act, addresses tenants whose failure to pay rent is caused by a delay or interruption in their Social Security income that traces to government action or inaction. In those defined circumstances, a court can pause an unlawful detainer for up to six months while the benefit interruption is worked out.
What it does not do
The law does not forgive the rent. A tenant who invokes it remains responsible for all rent owed, and the obligation does not disappear once benefits resume. It also is not a general hardship defense. It applies only where the nonpayment is tied to a documented, government-caused Social Security interruption, not to ordinary inability to pay.
How it affects your eviction strategy
The practical effect is timing. If this defense applies, a nonpayment case can be delayed, so it is worth identifying early whether a tenant's situation could fall within the law. Keep clean records, your notices, your ledger, and the amounts demanded, because a well-documented case is easier to move forward when the pause period ends.
The basics have not changed
AB 246 sits on top of the ordinary process; it does not replace it. You still serve a proper notice to pay rent or quit, you still file an unlawful detainer if the tenant does not pay or leave, and the same strict-construction rules apply to the notice and service. Getting those fundamentals right matters as much as ever.