Cal. Civ. Code § 1946.3

California Civil Code

In Force
Verified 6/11/2026 · Next check 7/11/2026
effective 1/1/2026CaliforniaTenant Defenses

Operative Text

Cal. Civ. Code § 1946.3
(a) This section is known, and may be cited, as the Social Security Tenant Protection Act of 2025.
(b) For purposes of this section:
(1) “Residential real property” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.
(2) “Restored” means a reinstated Social Security benefit that has been received by the Social Security beneficiary.
(3) “Social Security hardship” means 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.
(c) Notwithstanding any other law, a tenant of residential real property may assert Social Security hardship as an affirmative defense in any unlawful detainer proceeding based on the nonpayment of rent. A tenant that asserts Social Security hardship as a defense shall provide evidence of all of the following to the satisfaction of the court:
(1) That Social Security benefits typically received by the tenant’s household have been terminated, delayed, or reduced due to no fault of the tenant.
(2) That the Social Security hardship prevented the tenant from paying the unpaid rent alleged in the unlawful detainer action.
(d) If the tenant successfully provides all evidence required by subdivision (c) the court shall stay the unlawful
detainer action until the earlier of either of the following:
(1) Fourteen days after the tenant’s Social Security benefits are restored.
(2) Six months after the stay is issued.
(e) (1) This section does not relieve the tenant of their obligation to pay past due rent.
(2) Within 14 days of their Social Security benefits being restored by the Social Security Administration, a tenant shall do one of the following:
(A) Pay all past due rent.
(B) Enter into a mutually agreed upon payment plan with the owner of the residential real property.
(f) If the tenant has complied with paragraph (2) of subdivision (e), the court shall restore the tenant to their former estate or tenancy and either dismiss the unlawful detainer action with prejudice or set aside the judgment against all named and unnamed defendants in the action.
(g) By January 1, 2027, the Judicial Council shall adopt or modify forms, as needed, to implement this section.
(h) The affirmative defense created by this section does not apply to any unlawful detainer action other than an action based on the nonpayment of rent.
(i) This section does not prohibit or preempt the Governor from using existing emergency powers to declare a moratorium on evictions for individuals experiencing Social Security hardship or from taking any other emergency actions.
(j) This section shall remain in effect until January 20, 2029, and as of that date is repealed.
Source: Legislative text reproduced verbatim
Plain English

Cal. Civ. Code § 1946.3, the Social Security Tenant Protection Act of 2025, allows a tenant facing eviction solely for nonpayment of rent to raise a 'Social Security hardship' as an affirmative defense when a federal interruption in benefits—not the tenant's own fault—caused the missed payments. If the court finds the evidence sufficient, it must pause the eviction case for up to six months or until 14 days after benefits are restored, whichever comes first. The tenant's underlying rent debt is not erased, and the provision is set to expire on January 20, 2029.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Under Cal. Civ. Code § 1946.3, a compliant operator recognizes that an unlawful detainer action for nonpayment of rent may be stayed by a court if the tenant successfully demonstrates a qualifying Social Security hardship. Operators generally document all rent obligations carefully so that, if a stay is issued, the full amount of past-due rent remains on record and collectible once the tenant's benefits are restored. Because the tenant must either pay all arrears or enter a mutually agreed payment plan within 14 days of benefit restoration, operators familiar with this provision typically keep communication channels open during any court-ordered stay.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Cal. Civ. Code § 1946.3 gives tenants the right to raise Social Security hardship as an affirmative defense in an eviction case based on nonpayment of rent, provided they can show the benefit interruption was not their fault and directly caused the missed rent. If the court accepts the defense, the eviction proceeding is paused, but the past-due rent still must be paid or placed into a payment plan within 14 days of benefits being restored to avoid losing that protection. Tenants who believe this provision applies to their situation may want to contact a local tenant-rights organization or legal aid office for general information about how to present this defense in court.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Cal. Civ. Code § 827
Cal. Civ. Code § 1947.13
Cal. Civ. Code § 1954.50

Related Rules

§ 8A
Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
§ 1941.2
§ 1942.3

Source Information

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