Why this article is important: Natural disasters are a part of life in California, and residential rental properties in the area of the disaster are directly affected. Tenant-occupied residential properties adversely affected by the disaster due to toxic conditions are subject to new legislation placing controls on landlord operations.
Landlord remediation following a disaster
Natural disasters feel like they are becoming “normal occurrences” across California’s landscape. In response, the state legislature has addressed the after-effects on tenant housing.
A new package of legislation passed into law by Senate Bill 610 requires residential landlords of property damaged by a disaster to:
remove debris caused by the disaster; andmitigate hazards resulting from the disaster, such as mold, smoke, residue, ash, asbestos and water damage. [Calif. Civil Code §1941.8(a)]
A disaster is defined as a natural or human-made emergency resulting from a(n):
earthquake;flood;fire;riot;storm;drought;plant or animal infestation;disease, pandemic or epidemic disease outbreak; orother natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor. [CC §1941.8(h)]
So long as disaster debris remains present on a rental property, the property is deemed uninhabitable, unless a local public health agency declares the debris is not toxic. [CC §1941.8(b)]
The landlord is to complete the required remediation within a “reasonable time” after the property is damaged by disaster. The code does not clarify what length of time is considered reasonable.
The landlord also needs to follow regulations for remediation, including the use of licensed remediation companies when required. [CC §1941.8(c)]
On the landlord’s completion of all necessary remediation, they are to inform the tenant in writing that the landlord has fulfilled its duty to remediate the property. Further, the landlord provides the tenant with copies of any environmental studies or reports related to the remediation. [CC §1941.8(c)]
The tenant on the landlord’s completion of remediation has the right to resume their tenancy of the rental unit, unless the tenancy is lawfully terminated by the landlord. The landlord is to charge the same rental rate in effect prior to the disaster. {§1941.8(d)]
However, the landlord is not required to completely rebuild a residential rental property destroyed as a result of disaster. [CC §1941.8(e)]
Also, the tenant is not required to pay rent during the period of a mandatory evacuation order issued due to a disaster.
Further, the landlord is to return any prepaid rent accrued during the mandatory evacuation period within ten calendar days after the evacuation order is lifted. Alternatively, the tenant may deduct the prepaid amount from the rent due for the month following the return to occupancy. [CC §1941.9(b)]
Related article:
Wildfire protection is a statewide legislative concern for housing
