Renters' rights after a wildfire in California: rent, deposits and what you can recover

If you rented your home and a fire took it, damaged it, or forced you out, we are sorry. Most of what is written about wildfire recovery is aimed at homeowners. This guide is about renters' rights after a wildfire in California: whether you still owe rent, how to get your security deposit and prepaid rent back, what a landlord can and cannot charge you next, how renters insurance works, and what you may be able to recover from the company that caused the fire.

It is general information, current as of October 2026, not advice about your situation. Some of these rules changed in 2025 and 2026 because of the Los Angeles fires, so older articles may be out of date. If something here does not match what your landlord or insurer is telling you, ask a lawyer before you sign anything.

Do I still have to pay rent if my rental burned down?

Usually not. California's Civil Code says a rental agreement ends "by the destruction of the thing hired" (Civil Code § 1933). Los Angeles County's consumer affairs department puts it simply: if your home is completely destroyed, you are no longer required to pay rent and the landlord is no longer required to provide housing.

If the home was damaged but not destroyed, the answer depends on how bad the damage is:

• Badly damaged. Under Civil Code § 1932, a tenant may end the lease early if the greater part of the home, or the part that was the main reason you rented it, is destroyed by something other than the tenant's own lack of care. You can also choose to stay on and wait for repairs.
• Livable but damaged. Rent generally continues, and the landlord must make urgent repairs promptly, according to the county's guidance. The county also advises getting legal advice before you stop paying rent on a damaged unit.

Put your decision in writing. Tell the landlord, by email or letter, that the unit is uninhabitable and whether you are ending the tenancy, and keep a copy.

Rent during an evacuation order

A newer law, SB 610, signed in 2025 and in effect in 2026, added Civil Code § 1941.9. As summarized by the Apartment Association of Greater Los Angeles, rent is suspended for the days a tenant is kept out by a mandatory government evacuation order tied to a declared disaster. If you prepaid rent for those days, the landlord must refund it within 10 calendar days after the order is lifted or credit it against the next month. Voluntary evacuations are not covered. The association pointed to the Garden Grove chemical emergency evacuation of May 21 to 26, 2026, as an example; we discuss that event on our GKN Garden Grove case page.

How do I get my security deposit and prepaid rent back?

When a tenancy ends, a California landlord has 21 days to return the deposit, or return what is left with an itemized statement of deductions (California Courts Self-Help Guide, Civil Code § 1950.5). Deductions over $125 must come with receipts or invoices. A landlord cannot charge your deposit for damage the fire caused.

If the unit was destroyed, the Legal Aid Foundation of Los Angeles's SB 610 fact sheet says the landlord does not have to rebuild for you but must refund the security deposit and prepaid rent within 21 days.

If a landlord keeps a deposit in bad faith, a court can award the deposit plus up to twice its amount as additional damages, according to the courts' self-help guide. Claims of $12,500 or less can go to small claims court. Send your new mailing address to the landlord in writing so the refund has somewhere to go.

Can my landlord make me move back into a home full of ash?

Not lawfully. Every California lease includes a duty to keep the home habitable. SB 610 made that duty more specific after a disaster. According to LAFLA's fact sheet, landlords must remove disaster debris and deal with hazards like soot, ash, smoke, mold and asbestos, following government cleaning rules, and debris is presumed to make a unit uninhabitable until a government inspector decides it is not toxic. The bill's author, Senator Sasha Renée Pérez, describes it as making clear that landlords are responsible for repairing smoke and ash damage to the unit. Los Angeles County's recovery office also summarizes the law as guaranteeing tenants a right to return at pre-disaster rents.

If the landlord will not fix the problem, LAFLA lists the usual tenant remedies, including a written repair request, local code enforcement inspections (in Altadena, the county Department of Public Health), and in limited cases "repair and deduct." Read the conditions carefully before you withhold any money.

If you live in a rent-controlled unit, you may also be owed relocation help while you are temporarily displaced for repairs, the county says. Where a fire completely destroyed the building and the landlord did not cause it, the landlord generally does not owe relocation money or the value of your belongings. That loss is what renters insurance, and claims against whoever caused the fire, are for.

Is it price gouging if rents jump after a wildfire?

It can be. After a state or local emergency is declared, Penal Code § 396 generally bars raising the price of rental housing more than 10 percent above what was charged before the declaration, with some exceptions. The Attorney General's office lists penalties of up to a year in county jail and a $10,000 fine, plus civil penalties of up to $2,500 per violation. Executive orders after the January 2025 fires also barred evicting tenants in order to re-list a unit at a higher rent.

These protections do not last forever. After the January 2025 fires, the Governor extended state protections for rental housing into mid-2025, and Los Angeles County kept its own countywide rent-gouging limits much longer. LAist reported that the county's ban was set to expire May 29, 2026, after the Board of Supervisors did not vote to extend it. Local rent control rules can still apply and are sometimes stronger. Price gouging can be reported to the Attorney General at oag.ca.gov/report or (800) 952-5225.

How renters insurance and living expenses work

If you had renters insurance, it is usually your fastest money. Most policies have two parts that matter after a fire: personal property (your belongings) and loss of use, often called additional living expenses or ALE, which pays the extra cost of living somewhere else.

California added several protections for declared emergencies, described in the Department of Insurance's January 2025 bulletin:

• Advance on living expenses. For a total loss in a state of emergency, the insurer must, on request, advance at least four months of living expenses (Insurance Code § 2061).
• How long ALE lasts. Living-expense coverage must last at least 24 months after a state of emergency, with extensions in some cases (Insurance Code § 2060). The bulletin warns that the policy's dollar limit can run out before that time limit does.
• Contents without a full inventory. Under SB 495, signed October 10, 2025, insurers must pay 60 percent of personal property limits, up to $350,000, without an itemized list after a total loss in a declared emergency, beginning in 2026, and must give at least 100 days to submit an inventory. The Department's announcement speaks of "policyholders" generally; ask your insurer in writing how it applies to your renters policy.

Ask for every promise in writing, keep every hotel and meal receipt, and write down the name of each adjuster you speak with.

What if I had no renters insurance?

Many renters did not. That does not leave you without options. When a utility or company causes a fire, renters can bring the same kinds of claims homeowners do for what they personally lost: furniture, clothing, electronics and family items; the cost of being displaced; lost income; and the stress and disruption of losing a home. Insured renters can claim the gap the policy did not cover.

For the Eaton Fire, Southern California Edison's Wildfire Recovery Compensation Program accepts claims from tenants as well as owners and businesses. SCE published a sample offer for a tenant whose home was a total loss that breaks the offer into personal property, loss of use, and non-economic damages for each adult and child in the household. In its October 1, 2026 update, SCE reported an average payment of $62,068 to tenants with smoke and ash damage, and said the program's claim deadline is November 30, 2026. Accepting an offer means signing a settlement agreement that includes a promise not to pursue further litigation, according to SCE's own description, so have it reviewed first. Our guide to the SCE compensation program walks through that decision.

A lawsuit is the other path. On our Eaton Fire case page we explain the litigation against SCE, including for renters, and the deadlines: generally two years for injury claims and three years for property claims, running from the date of the fire. If smoke and ash, rather than flames, reached your apartment, see our guide to smoke and ash damage claims.

What renters should do in the first weeks

1. Tell your landlord in writing whether the unit is livable and whether you are ending the tenancy. Give a forwarding address.
2. Ask in writing for your deposit and any prepaid rent. Mark the 21-day date on a calendar.
3. If you have renters insurance, open a claim, request the four-month living-expense advance if your home was a total loss, and ask how the no-inventory contents payment applies.
4. Photograph what is left, and gather photos from your phone, social media and family that show your belongings before the fire.
5. Keep every receipt for hotels, food, gas, storage, replacement clothing and new-lease costs.
6. Save screenshots of rental listings that look inflated, with dates.
7. Do not sign a release from a utility or company program until someone you trust has read it.

How LaCour helps renters

We represent people affected by the Eaton Fire, the GKN Garden Grove chemical release and the Lineage Boyle Heights warehouse fire, and renters are a large part of that group. We are a trial firm, our partners handle the cases, our team includes Spanish-speaking lawyers and staff, and we work on contingency, so there is no fee unless there is a recovery. If you are unsure whether to join a group case or file your own, read class action vs. mass tort, or ask for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.