California Landlord Obligations After a Wildfire or Disaster (SB 610, 2026 update)

A wildfire or mandatory evacuation order changes what you owe a tenant, not just what they are going through. SB 610 spells out those obligations for California landlords, effective January 1, 2026.

Rent discharge during a mandatory evacuation

Rent is discharged, meaning it is not owed, for any period a tenant is under a mandatory evacuation order. If you already collected rent covering that period, you must refund the prepaid portion within 10 calendar days after the evacuation order is lifted. Ten days is a short window. Know how you will calculate and issue that refund before you are the one holding a tenant’s money during a disaster.

Civil Code § 798.64 applies the same prepaid rent refund rule to mobilehome park homeowners.

Habitability and wildfire debris

If wildfire debris such as ash, soot, or contaminated runoff is present, the unit is presumed uninhabitable until the local public health authority confirms otherwise. You are expected to use licensed remediation contractors and follow official cleanup protocols before asking a tenant to return. Skipping that step to get a unit back on the market faster is exactly the scenario this presumption exists to prevent.

Right to return at pre-disaster rent

A returning tenant comes back at the pre-disaster rent. A disaster is not an opportunity to reset the rent higher when a tenant is displaced and has few other options. This applies regardless of what the current market rent for a comparable unit might be at the time they return.

What to check

If you own in a wildfire-exposed area, build a plan before you need one:

• Know how you will document that a mandatory evacuation order applied to your property and for how long.
• Have a process ready to calculate and refund prepaid rent within the 10-day window, not the 30 days many landlords assume for a routine deposit return.
• Line up a licensed remediation contractor relationship in advance so a habitability sign-off is not the bottleneck to getting a displaced tenant back home.
• Confirm your lease and your own notes are clear that rent resets to pre-disaster levels on return, so there is no ambiguity with a tenant or a future dispute.

Waiting until the week of a fire to learn that the refund window is 10 days, not 30, is the wrong time to find that out.

General information, not legal advice

This page is general information, not legal advice. Rules change and your situation may differ. When in doubt, check with a California attorney.

1. Civil Code § 1941.9 (added by SB 610, Ch. 547, Stats. 2025) Rent discharged during mandatory evacuation; prepaid rent refunded within 10 calendar days after the order lifts
2. Civil Code § 1941.8 (added by SB 610, Ch. 547, Stats. 2025) Presumption of untenantability while wildfire debris is present; right to return at pre-disaster rent
3. Civil Code § 798.64 (added by SB 610, Ch. 547, Stats. 2025) Same prepaid rent refund rule applied to mobilehome park homeowners

Frequently asked questions

Do I still get rent from a tenant under a mandatory evacuation order?

No. Rent is discharged for any period covered by a mandatory evacuation order under SB 610, effective January 1, 2026.

How long do I have to refund prepaid rent after an evacuation order lifts?

10 calendar days after the evacuation order is lifted, not the 30 days many landlords assume applies to deposit-style refunds.

Can I raise the rent when a tenant returns after a wildfire?

No. A returning tenant comes back at the pre-disaster rent under SB 610.

Is a unit automatically habitable once a wildfire passes?

No. If wildfire debris such as ash, soot, or contaminated runoff is present, the unit is presumed uninhabitable until the local public health authority confirms otherwise.

Does SB 610 apply to mobilehome parks?

Yes. Civil Code § 798.64 applies the same prepaid rent refund rule to mobilehome park homeowners.