Short answer
Since January 1, 2026, a tenant owes no rent for the time a mandatory evacuation order keeps them out after a state or federally declared disaster. You must remove disaster debris and deal with smoke, ash and similar hazards, and the tenant may return at the same rent. If the home is destroyed, the tenancy ends and prepaid rent goes back within 21 days. After an emergency declaration, rent increases above 10% are generally unlawful.
The first days: evacuation orders and rent
When a fire forces your tenants out, the phone calls start before anyone knows whether the house is standing. California law answers the first money question for you.
Under Civil Code 1941.9(b), added by SB 610 and in effect since January 1, 2026, a tenant who cannot occupy the unit because of a mandatory evacuation order tied to a disaster does not owe rent for the evacuation period. If the tenant already paid for those days, you return that rent within 10 calendar days after the order is lifted, or the tenant may deduct it from the next month's rent.
"Disaster" here has a specific meaning in Civil Code 1941.8: an emergency such as a fire, flood or storm for which the President or the Governor has declared a state of emergency. Write down the dates the order started and lifted for your address; they set the rent credit. You may enter without notice to respond to an emergency under Civil Code 1954, but routine visits still need the usual written notice.
Smoke, ash and debris: the cleanup duty
SB 610 also added Civil Code 1941.8, which spells out what you owe after a declared disaster:
- Remove debris caused by the disaster, and mitigate hazards from it, including mold, smoke, smoke residue, smoke odor, ash, asbestos and water damage.
- Until a local public health agency or official determines the debris, including ash, sludge or runoff, is not toxic, debris at the unit is presumed to make it untenantable.
- Do the work within a reasonable time, follow government cleaning protocols, and hire licensed remediation companies where the protocols require them.
- If the tenant gave you a postal or email address, tell them in writing when the work is done, and that they may view and get copies of any environmental studies, testing or reports.
- Unless either side lawfully ends it, the tenancy continues, and the tenant may return at the rent in effect right before the disaster as soon as it is safe and practicable.
- The section does not require you to rebuild a damaged rental.
If the house is badly damaged or destroyed
Older California rules decide when the tenancy itself ends. Civil Code 1933 says a hiring ends by the destruction of the thing hired. Civil Code 1932 lets the tenant end it early when the greater part of the property perishes from a cause other than the tenant's lack of ordinary care.
Either way, Civil Code 1941.9(a) requires you to return rent paid in advance for any period after the termination within 21 days, sent to the address the tenant gives you (or to the unit's address if they give none). The termination date is the day the house was destroyed, or the day the tenant tells you they are ending the tenancy because most of it was lost.
The security deposit follows the normal rule in Civil Code 1950.5: an itemized statement and any refund no later than 21 calendar days after the tenant has vacated. Short of destruction, the home stays yours to keep habitable, and the tenant's right to return under 1941.8 applies.
| Situation | What the law says | Deadline or limit |
|---|---|---|
| Mandatory evacuation order after a Governor- or President-declared disaster | No rent is owed for the evacuation period (Civil Code 1941.9(b)) | Return prepaid rent within 10 calendar days after the order lifts, or the tenant deducts it |
| Smoke, ash or debris at the home | Remove debris and mitigate hazards, following cleanup protocols (Civil Code 1941.8) | Within a reasonable time, then written notice to the tenant |
| Home destroyed | The tenancy ends (Civil Code 1933); prepaid rent for later days goes back | Within 21 days of the date of destruction |
| Most of the home lost, tenant chooses to leave | The tenant may end the tenancy (Civil Code 1932) | Prepaid rent back within 21 days of the tenant's notice |
| Any declared emergency, state, federal or local | Rent increases above 10% are generally unlawful (Penal Code 396) | 30 days after the declaration, plus any extension |
| Tenancy ends after the fire | Itemize and refund the deposit (Civil Code 1950.5) | 21 calendar days after the tenant vacates |
Rent limits after an emergency declaration
Fires bring displaced families looking for housing, sometimes with an insurer paying. Penal Code 396 limits what you can charge. After a state of emergency declared by the President or the Governor, or a local emergency declared by a city or county, it is unlawful for 30 days (or longer if the declaration is extended) to raise rent advertised, offered or charged by more than 10%.
A larger increase is allowed only if you can show it comes from amortized repairs or additions beyond normal maintenance, or was agreed by the tenant before the declaration. A shorter lease, added services or an insurer paying the rent is no defense. For housing not rented or offered for rent in the year before the declaration, the cap is 160% of the HUD fair market rent.
It is also a separate offense to evict a tenant during that period and re-rent at a price you could not have charged the evicted tenant. Violations are misdemeanors punishable by up to a year in county jail, a fine of up to $10,000, or both. The Attorney General's price gouging FAQ adds that the law can reach landlords outside the declared county where evacuees drive up demand.
Check the current text before you set rent after a declaration. The section in force today defines housing as rental housing with an initial lease term of no longer than one year, and SB 1365 (Chapter 1028, Statutes of 2026) amends Section 396; Senate committee analyses of earlier drafts describe it as dropping that one-year limit, so read the chaptered text before relying on either version.
Insurance and records on both sides of the lease
Your policy covers the building, and possibly lost rent; your tenant's renters policy covers their belongings and loss of use. The Department of Insurance tells renters that the landlord does not insure their personal property. How the two routes for insuring an Auburn rental differ is in FAIR Plan vs a standard landlord policy.
Keep everything in writing: the evacuation dates, photos before and after, every message to the tenant, cleanup invoices and test results, and the date you sent the 1941.8 notice. Contractor prices for repair, reconstruction and emergency cleanup are also capped under Penal Code 396, for 180 days after a declaration.
If you manage from a distance, the week after a fire is the hardest stretch to handle by phone. To talk through how a local manager would coordinate cleanup, tenant notices and the insurer, schedule a free discovery call. For the preparation side, before fire season, see our wildfire season prep post.
Common questions
Does the rent rule apply to an evacuation warning?
Civil Code 1941.9(b) speaks of a mandatory evacuation order tied to a disaster that the President or Governor declared. An evacuation warning is a different step, and a locally declared emergency alone does not meet the statute's definition of disaster. Keep written records of what was issued for your address and when, and check the official order before you bill or credit rent.
Can I end the lease because the house is damaged but still standing?
Damage alone does not end it. Under Civil Code 1941.8 the tenancy continues unless someone lawfully ends it, and the tenant may return at the same rent once it is safe. The tenancy ends automatically only if the home is destroyed (Civil Code 1933), and the tenant may end it if the greater part is lost (Civil Code 1932).
Can I charge a displaced family more than my usual rent?
Not by more than 10% for 30 days after an emergency declaration, or longer if it is extended, under Penal Code 396. If the home was not rented or offered in the prior year, the cap is 160% of the HUD fair market rent. An insurance company offering to pay more is not a defense.
Who pays to clean smoke and ash out of the rental?
After a declared disaster, Civil Code 1941.8 makes debris removal and hazard mitigation, including smoke residue, odor and ash, the landlord's duty, done within a reasonable time and to official cleaning protocols. Whether your policy reimburses the cost depends on its terms. The tenant's own belongings are a matter for the tenant's renters insurance.
Do I still have to return the deposit if the house burned down?
Yes. When the tenancy ends, Civil Code 1950.5 still applies: send an itemized statement and any remaining deposit no later than 21 calendar days after the tenant has vacated. Separately, rent the tenant paid in advance for days after the destruction goes back within 21 days under Civil Code 1941.9(a).
Recent changes
- January 1, 2026: SB 610 took effect, adding Civil Code 1941.8 (disaster debris and hazard cleanup, right to return at the same rent) and 1941.9 (refund of prepaid rent after destruction, and no rent owed during a mandatory evacuation order). (Civil Code 1941.9 (California Legislative Information))
Sources
- Civil Code 1941.8, Landlord duties after a disaster (California Legislative Information)
- Civil Code 1941.9, Prepaid rent and evacuation orders (California Legislative Information)
- Civil Code 1932, Tenant's right to end a hiring (California Legislative Information)
- Civil Code 1933, When a hiring ends (California Legislative Information)
- Penal Code 396, Price gouging during emergencies (California Legislative Information)
- FAQs on Price Gouging (California Attorney General)
- Residential Insurance: Homeowners and Renters (California Department of Insurance)
- SPMG: Contact
Facts checked November 9, 2026 against the sources above. Reviewed by Mark Shvaya, Designated Broker, CA DRE #02243502. This guide is general information about California rules, not legal or tax advice for your situation.