Why this matters: Landlords filing an unlawful detainer (UD) action must now recognize a tenant’s hardship defense for nonpayment of rent when their household’s Social Security income is interrupted.
A pass-through on the next federal default in payments
During the recent federal government’s shutdown — a record-breaking 43 days — California’s lawmakers passed precautionary legislation aimed at protecting tenants who rely on Social Security income to pay rent.
While the essential services of the Social Security Administration are one part of the government that keeps going even during a shutdown, 2025 introduced new fear and uncertainty around receiving benefits.
Assembly Bill 246, enacted as Civil Code 1946.3, establishes a defense against evictions for tenants who cannot make timely payments when their income from Social Security is interrupted.
Specifically, the protection applies when anyone in the tenant’s household has income from Social Security that is wrongfully:
- terminated,
- delayed, or
- reduced. [CC §§1946.3(c)(1)]
Through every prior government shutdown, the Social Security Administration consistently paid benefits, even with reduced staffing and services. However, despite mailing the checks for approved benefits, the lack of access to routine support and smaller staff equates to delays when issues arise or for those applying to receive social security payments.
This new social security hardship defense remains in effect until Jan 20, 2029, and despite the event triggering this legislation, the defense is not limited to interruptions in Social Security payments from a federal shutdown. [CC §§1946.3(j)]
Related article:
The change in practice
Landlords with a just cause eviction situation may encounter this defense when they serve the tenant with a three-day notice to pay rent or, if it is a TPA-exempt property, a three-day notice to pay rent or quit. Once the notice expires without the tenant paying or vacating, the landlord or property manager files an unlawful detainer (UD) action.
The defense is then used by the tenant in response, advising the court of the tenant’s Social Security hardship which will stay the UD action until the earlier of either:
- 14 days passing since the tenant’s social security benefits were restored; or
- six months total have elapsed since the stay was issued. [CC §§1946.3(c)(1); 1946.3(c)(2)]
The 14-day period for the tenant to pay the rent sought in the UD action begins to run the day the beneficiary receives their Social Security payment. Until payments resume, to maintain the defense the tenant’s household is required to meet two conditions:
- they have not received their Social Security payments through no fault of their own; and
- the hardship prevented them from paying rent. [CC §§1946.3(b)(2); 1946.3(d)]
Again, this legislative change applies to interruptions in Social Security payments for reasons not limited to a government shut down. The Social Security hardship defense only relates to evictions for nonpayment of rent. A UD action based on another just cause is unaffected. [CC §§1946.3(h)]
As good practice, landlords and property managers avoid wasting time and money by maintaining open communication with their tenant when rent, security or conduct is involved.
Related article:
Related form:
RPI Form 580 – Proof of Service – For Service of Notice to Real Estate Tenants
