Since January 1, 2026, SB 610 (Stats. 2025, ch. 547) added Civil Code sections 1941.8 and 1941.9. Under § 1941.8 landlords must remediate disaster debris and hazards, and debris is presumed to make a unit untenantable until a local health official clears it. Under § 1941.9 a tenant owes no rent during a mandatory evacuation tied to a qualifying disaster. Prepaid rent for that period must be refunded within 10 days after the order lifts, or the tenant may deduct it from the next rent payment. During a declared emergency, Penal Code § 396 also limits rent increases (generally 10%).
Do tenants owe rent during an evacuation order?
Under SB 610, a tenant does not have to pay rent during a mandatory evacuation tied to a qualifying disaster, and prepaid rent for that period is refunded within 10 days after the order is lifted or credited to the next rent payment. Read Civ. Code § 1941.9 for the definitions and conditions. See also the SB 610 bill text.
What if smoke, ash or debris make a unit unsafe?
Civ. Code § 1941.8 requires landlords to remediate disaster-related debris and hazards such as ash, smoke, mold and asbestos, and debris is presumed to make the unit untenantable until a local health official clears it. Habitability duties are in Civ. Code § 1941.1; see the habitability guide.
What if the building is destroyed?
Civil Code § 1933 provides that a hiring of property ends on the destruction of the thing hired, and Civ. Code § 1932 lets a tenant end the hiring when the greater part of it, or the part that was the material inducement, is destroyed through no lack of ordinary care by the tenant. Deposits are still returned under Civ. Code § 1950.5. For a rebuilt mobilehome park, Civ. Code § 798.62 requires management to offer prior residents a renewed tenancy and sets notice and acceptance periods. Speak to an attorney about a destroyed unit.
Can I raise rent after a disaster?
During a declared emergency, Penal Code § 396 generally prohibits rent increases above 10% over the pre-emergency rent, and local ordinances may apply; the emergency order tracker shows the orders we monitor. SB 1365, signed September 30, 2026 and effective January 1, 2027, removes the one-year initial-lease-term limit from the housing provision (see the law tracker).
Frequently asked questions
Do tenants pay rent during a mandatory evacuation?
Under SB 610 (Civil Code § 1941.9), no rent is owed during a mandatory evacuation tied to a qualifying disaster; prepaid rent is refunded within 10 days after the order lifts or credited to the next payment.
Is there a rent cap after a disaster?
Penal Code § 396 generally limits increases to 10% during a declared emergency. Check the emergency order tracker for active orders.
Which official sources should I read?
- Civ. Code § 1941.8 (disaster debris and evacuation)
- Civ. Code § 1941.9 (rent during evacuation)
- Civ. Code § 1933 (termination by destruction)
- Civ. Code § 1932 (tenant termination)
- Penal Code § 396 (price gouging)
- Civ. Code § 798.62 (rebuilt mobilehome parks)
- SB 610 bill text
- Cal OES: price gouging protections in place
This guide is general information about California law as of Nov 13, 2026, and local ordinances may be stricter. Check the linked sources or consult a qualified attorney. Read the disclaimer.
Have a question about your situation, want tips, or need a referral? Email the CLRC team at [email protected]. We share general information, not legal advice, and we’re not a law firm.