California wildfires and other declared disasters leave housing providers (landlords) with real duties to their tenants. Senate Bill 610 (Chapter 547, Statutes of 2025) took effect on January 1, 2026 and added two sections to the Civil Code: section 1941.8 on cleanup, and section 1941.9 on rent after a disaster. A separate rule, Penal Code section 396, limits rent increases after an emergency is proclaimed.
SB 610 is one of several new rules for 2026. Our California landlord laws guide puts them in one place.
| Rule | Triggered by | What it says | Clock |
|---|---|---|---|
| Civil Code 1941.8 (cleanup) | A disaster with a state of emergency declared by the President or the Governor | Remove debris and reduce hazards; tell the tenant in writing when it is done | Within a reasonable time after the damage |
| Civil Code 1941.9 (evacuation) | A mandatory evacuation order tied to a disaster | No rent for that period; refund or deduct rent already paid | 10 calendar days after the order is lifted |
| Civil Code 1941.9 (tenancy ends) | Tenant notice under section 1932(2), or destruction under section 1933(4) | Return advance rent for the time after the end date | 21 days |
| Penal Code 396 (rent limit) | A state or local emergency proclamation | Rent increases for rental housing with an initial lease term of one year or less are capped at 10 percent | 30 days, or while the proclamation is extended |
What counts as a disaster under SB 610?
Section 1941.8 defines a disaster as a natural or manmade emergency, such as an earthquake, flood, fire, riot, storm, drought, infestation, or epidemic, for which the President of the United States or the Governor has declared a state of emergency. A local emergency declaration alone does not trigger the cleanup duties in this section.
What does a landlord have to clean up?
For a building where people live, section 1941.8 says a landlord must do one or both of the following, as necessary, to fix damage that comes from the disaster:
- Remove debris caused by the disaster.
- Reduce hazards that come from the disaster, including mold, smoke, smoke residue, smoke odor, ash, asbestos, and water damage.
The work has to happen within a reasonable time after the property is damaged. The landlord must follow any cleaning protocols that government officials issue, including hiring licensed remediation companies where the protocols require it.
If the tenant has given the landlord a mailing or email address, the landlord must also tell the tenant in writing that the cleanup duty has been met, and that the tenant may view, and on request get copies of, any environmental studies, testing or reports done on the property.
Is a unit with ash or debris livable?
Not until a local public health agency or official decides that the debris, including ash, sludge or runoff, does not contain toxic substances. Until then, the law presumes the debris makes the unit untenantable (not fit to live in) under Civil Code section 1941.1.
Can the tenant come back, and at what rent?
Unless either side lawfully ends the tenancy, the tenancy stays in effect. The tenant has the right to return to the unit at the same rent they paid right before the disaster, as soon as it is safe and practicable.
Does a landlord have to rebuild?
No. Section 1941.8 says it does not require a landlord to rebuild a residential rental property, or any part of it, that was damaged by a disaster.
What about rent during an evacuation or after the home is destroyed?
Rent stops during a mandatory evacuation, and advance rent comes back when the tenancy ends after a disaster. Section 1941.9 covers both.
Mandatory evacuation order
While a tenant cannot live in the unit because of a mandatory evacuation order tied to a disaster, the tenant does not owe rent for that period. If the tenant already paid rent for the evacuation period, the landlord must return it within 10 calendar days after the order is lifted, or the tenant may deduct it from the next month's rent.
When the tenancy ends
When the tenancy ends because the tenant gives notice under Civil Code section 1932(2), or because the property is destroyed under section 1933(4), the landlord must return any advance rent that covers the time after the date the tenancy ended. The payment is due within 21 days, and goes to the address the tenant provides, or to the unit if the tenant gave none. The end date is the day the tenant tells the landlord they are ending the tenancy, or the day the property was destroyed.
Can a landlord raise rent after a disaster? The price gouging limit
Only in a limited way. Under Penal Code section 396, after the President or the Governor proclaims a state of emergency, or a local official proclaims a local emergency, it is unlawful for a landlord to raise the rent advertised, offered or charged for housing by more than 10 percent. The limit lasts for 30 days after the proclamation, or for as long as the proclamation is extended. For this rule, housing means rental housing with an initial lease term of one year or less.
A larger increase is not unlawful if the landlord can prove it is directly tied to repairs or additions beyond normal maintenance, spread over the rental term, or if the tenant agreed to it in a contract before the proclamation. A violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $10,000, or both, and it can also be treated as an unfair business practice.
Do local rules add more?
They can. Section 1941.8 says it does not stop a city or county from giving tenants more protection or putting more duties on landlords, and Penal Code 396 says the same about local rules that prohibit similar conduct. Check your city's rules before you rely on the state minimum.
What should a landlord do now?
Five habits line up with the duties above:
- Photograph and write down the condition of each unit before and after any disaster.
- Keep any environmental studies, testing and reports from the cleanup, because the tenant may view them and get copies on request.
- Know which local public health agency or official makes the toxic-debris determination for your area.
- Send the written notice that cleanup is complete if the tenant gave you an address.
- Track the dates: evacuation orders, the day the order is lifted, and the 10-day and 21-day refund deadlines.
If you own rentals in East Contra Costa and have questions about notices or condition records, schedule a call.
This guide is general information about California law and is not legal advice. Laws and local ordinances change; confirm your situation with a California attorney.
Frequently asked questions
What does SB 610 require California landlords to do after a disaster?
For a home people live in, a landlord must remove debris from the disaster and reduce hazards such as mold, smoke, ash, asbestos and water damage, within a reasonable time and following any government cleaning protocols (Civil Code section 1941.8). If the tenant gave a mailing or email address, the landlord must also notify the tenant in writing that the work is done.
Does rent stop during a mandatory evacuation in California?
Yes. Under Civil Code section 1941.9, a tenant who cannot live in the unit because of a mandatory evacuation order tied to a disaster does not owe rent for that period. If the tenant already paid, the landlord must return it within 10 calendar days after the order is lifted, or the tenant may deduct it from the next month's rent.
Can a California landlord raise rent after a wildfire?
Only a little. Under Penal Code section 396, after a state or local emergency is proclaimed, a landlord may not raise the rent for housing by more than 10 percent for 30 days, or longer if the proclamation is extended. A larger increase is not unlawful if it is tied to repair or addition costs beyond normal maintenance, or the tenant agreed to it in a contract before the proclamation. A violation is a misdemeanor.
Does a landlord have to rebuild after a fire?
No. Civil Code section 1941.8 says it does not require a landlord to rebuild a rental property, or any part of it, that was damaged by a disaster. The landlord's duty is cleanup and reducing hazards.
Can a tenant return to the unit after a disaster?
Yes, unless either side lawfully ends the tenancy. The tenant may return at the same rent in effect right before the disaster, as soon as it is safe and practicable (Civil Code section 1941.8).
Is a rental unit livable if it has ash or debris from a wildfire?
Not until a local public health agency or official decides the debris does not contain toxic substances. Until then, the law presumes the debris makes the unit untenantable under Civil Code section 1941.1.
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