Reminder: Rent Refunds Are Due to Renters Affected by Emergency Evacuation Orders

Reminder: Rent Refunds Are Due to Renters Affected by Emergency Evacuation Orders

Landlord Obligations in the Event an Evacuation Order is Declared

By Daniel Yukelson, Chief Executive and Executive Director

Late last year, the California Legislature passed Senate Bill 610 (California Civil Code Section 1941.9) establishing rules governing residential rent obligations during natural disasters. Under state law, a tenant’s obligation to pay rent is suspended and completely discharged in the event of and during any government-mandated evacuation order that is tied to a qualified disaster. Recently, from May 21 to 26, 2026 a mandatory evacuation order was declared by Orange County due to a chemical emergency in the City of Garden Grove. Under Senate Bill 610, the resulting evacuation order for Garden Grove triggered this new state law and, accordingly, housing providers were required to suspend rent obligations for those tenants impacted and required to evacuate. Rent obligations for those tenants impacted had to be prorated and rent refunds or credits had to automatically be issued for the days their residents were unable to inhabit their homes.

Under this law, for any prepaid rent received covering an evacuation period, housing providers must return the prepaid rent within 10 calendar days after the evacuation order is lifted, or alternatively, housing providers may deduct this amount from the next month's rent.

Tenant Right to Return or Terminate

Following the natural disaster and lifting of the evacuation order, tenants have the right to return to their rental units at the exact same pre-disaster rental rate. The law does not require landlords to rebuild a destroyed property, and the right to return generally applies only when a unit is damaged but not destroyed. If a tenancy ends because the unit is destroyed or the tenant elects to terminate due to substantial damage, the housing provider must return any prepaid rent covering periods after the termination date within 21 calendar days.

Following the Natural Disaster and Suspension of the Evacuation Order

Following the natural disaster, under the law, housing providers are legally obligated (within a “reasonable time”) to clean up and mitigate hazards impacting their rental units, including clearing of debris, smoke and ash residue, mold, and water damage. Housing providers must also follow any cleaning or remediation protocols issued by government authorities, including using licensed remediation companies when required.

It is difficult to specify what counts as a “reasonable time.” “Reasonable time” will depend on the circumstances. Factors may include: (i) Severity of damage; (ii) Access restrictions due to evacuation orders; and (iii) Availability of contractors and materials, among other things. Keep in mind that documentation is critical, and maintaining records of contractor delays, material shortages, and compliance efforts can be essential if a dispute ever arises.

Keep in mind that under this new law, there is a presumption that disaster debris is toxic. One of the most impactful changes under Senate Bill 610 is the creation of a legal presumption of uninhabitability. So, if debris such as ash, sludge, or runoff is present at the rental unit, the unit is presumed uninhabitable until a local public health agency determines the debris is not toxic. This standard is clearly a major shift from prior law, and previously, debris alone did not automatically make a unit uninhabitable. Today, the burden has effectively shifted to the housing provider to demonstrate that the unit is safe.

Unfortunately, the law does not clearly define how much debris triggers the presumption, what level of testing is sufficient, or even whether area‑wide testing satisfies the requirement. As a result, housing providers should “err” on the side of caution and take thorough, well‑documented remediation steps, including HVAC cleaning, filter replacement, and professional environmental testing when appropriate.

Then, once remediation is complete, housing providers must provide written notice to the tenant stating that the remediation work is complete. Tenants may review and request copies of any environmental studies, testing, or reports. This notice must be sent if the landlord has a mailing or email address for the tenant. While the law does not set a strict deadline for providing copies of reports, they should be provided within a reasonable timeframe and cannot be conditioned on the tenant paying copying costs.

Concluding Comments

To be clear, this renter protection applies exclusively to mandatory evacuation zones, not to voluntary departures. Additionally, Renters' insurance policies may cover additional living expenses, which can reimburse renters for costs such as hotel stays and meals. Housing providers should contact their insurance broker to discuss potential claims or coverage for impacts to their business.

Additionally, although Senate Bill 610 does not create new penalties, violations may be enforced through existing tenant remedies, including rent abatement claims, defenses in eviction proceedings, and civil claims for damages.