Picking up the pieces after a natural or man-made disaster can be difficult for all consumers. It can be particularly challenging for renters and landlords. What happens to a lease if a rental unit is damaged? Every situation is different, but the extent of the damage usually determines how a landlord/tenant agreement should be resolved.
I’m a renter. Do I still owe rent if my unit has been destroyed in a disaster?
No. If the unit is completely destroyed, the lease no longer applies. You do not owe any more money and you will need to find a new place to live. A landlord must return any unpaid security deposit within three weeks.
My unit was “red-tagged” after a disaster? What happens to my lease?
If a unit is partially destroyed, but not fit to be lived in, the renter can decide to end or continue the lease.
As long as it’s not fit to be lived in, you do not owe rent to the landlord.
The renter can decide to either:
- End the lease and find a new place to live, or
- Continue the lease. The landlord must repair the unit and make it livable again. After that takes place, you return and continue paying rent.
My unit suffered only minor damage. Do I still owe rent?
Yes. If your unit has some damage but is still livable, you must continue to pay rent.
Contact the landlord and request urgent repairs like in any normal situation. The landlord must make urgent repairs quickly. If your landlord does not make repairs quickly, you have several options for getting the repairs handled. Call DCBA for more information.
I need to move out of my unit. Does the landlord owe me relocation costs?
No. If the landlord was not responsible for the damage caused by a disaster, such as a fire, they do not owe any relocation benefits.
I need to move out of my unit. Should I pay a company for rental listings?
You can, but check the company first. The California Department of Real Estate must license companies that charge you in advance to find you a place to live. Contact the The California Department of Real Estate at (877) 373-4542 to check whether a company has a valid license, or find out if people have complained against them. Be aware that many companies charge for rental listings that are old or don’t exist. The company must give you a written contract. Read and understand the contract before you sign it.
My property was destroyed in the disaster. Does my landlord owe me for the losses?
No. If the landlord was not responsible for the damage caused by a disaster, such as a fire, they do not owe any costs for lost possessions. If you have renters’ insurance, you might be able to receive recovery costs, depending on your policy.
I live in a mobile home and suffered damage, what happens with my lease?
It depends. Each mobilehome park has different rules that apply. Look closely at your lease for your specific duties and responsibilities. If you’re not sure, contact DCBA or seek legal advice.
Updated Dec. 20, 2018
Cal. Civ. Code § 1933.; Cal. Civ. Code §§ 1935; 1950.5(g)(1); Code Civ. Proc. § 1932; Cal. Civ. Code § 1941; Cal. Health & Safety Code § 17975.4.
