SB 610: What California Landlords Need to Know After a Disaster

When Does SB 610 Apply?

SB 610 added Civil Code sections 1941.8 and 1941.9, which apply to all residential rental properties, regardless of:

• Number of units
• Age of the building
• Type of owner
• 
  

Most of the law’s requirements are triggered only when a declared disaster occurs. Under SB 610, a “disaster” includes events such as fires, floods, earthquakes, pandemics, or other natural or manmade emergencies only if a state of emergency is declared by the Governor or the President. Local emergency declarations alone do not trigger these provisions.

The Three Core Changes Landlords Need to Understand

SB 610 focuses on three major areas:

1. Post‑disaster habitability obligations
2. A tenant’s right to return after repairs
3. Rent obligations during evacuations and after termination

Let’s break each one down.

1. New Post‑Disaster Habitability Obligations

California landlords have always been responsible for maintaining habitable units. SB 610 goes further by creating explicit disaster‑specific duties.

A. Duty to Remove Debris and Mitigate Hazards

After a declared disaster, landlords must, within a reasonable time, take steps necessary to remediate disaster‑related damage, including:

• Removing debris caused by the disaster
• Mitigating health and safety hazards such as:
• Smoke or smoke residue
• Ash
• Mold
• Water damage
• Asbestos

Landlords must also follow any cleaning or remediation protocols issued by government authorities, including using licensed remediation companies when required.

What counts as a “reasonable time” will depend on the circumstances. Factors may include:

• Severity of damage
• Access restrictions due to evacuation orders
• Availability of contractors and materials

Documentation is critical. Keeping records of contractor delays, material shortages, and compliance efforts can be essential if a dispute arises.

B. Presumption That Disaster Debris Is Toxic

One of the most impactful changes under SB 610 is the creation of a legal presumption of uninhabitability.

If debris such as ash, sludge, or runoff is present at the rental unit, the unit is presumed uninhabitable until a local public health agency determines the debris is not toxic.

This is a major shift from prior law. Previously, debris alone did not automatically make a unit uninhabitable. Under SB 610:

• Tenants are entitled to rent abatement during periods of presumed uninhabitability
• The burden effectively shifts to the landlord to demonstrate that the unit is safe

The law does not clearly define:

• How much debris triggers the presumption
• What level of testing is sufficient
• Whether area‑wide testing satisfies the requirement

As a result, landlords should err on the side of caution and take thorough, well‑documented remediation steps, including HVAC cleaning, filter replacement, and professional environmental testing when appropriate.

C. Mandatory Notice of Completion

Once remediation is complete, landlords must provide written notice to the tenant stating:

• The remediation work is complete
• The tenant may review and request copies of any environmental studies, testing, or reports

This notice must be sent if the landlord has a mailing or email address for the tenant. While the law does not set a strict deadline for providing copies of reports, they should be provided within a reasonable timeframe and cannot be conditioned on the tenant paying copying costs.

2. Tenant Right to Return After Repairs

Unless a tenancy has been lawfully terminated, SB 610 gives tenants the right to return to their unit once it is safe and practicable to do so.

Key points landlords should note:

• The tenant must be allowed to return at the same rental rate in effect before the disaster
• The law does not require landlords to rebuild a destroyed property
• The right to return generally applies when a unit is damaged but not destroyed

Landlords may still end a tenancy for lawful reasons, including compliance with just‑cause eviction requirements, but a disaster alone does not terminate the tenancy.

3. Rent Obligations During Evacuations and After Termination

SB 610 also clarifies rent obligations in disaster‑related scenarios.

A. Return of Advance Rent After Termination

If a tenancy ends because:

• The unit is destroyed, or
• The tenant elects to terminate due to substantial damage

The landlord must return any prepaid rent covering periods after the termination date within 21 calendar days.

B. Automatic Rent Waiver During Mandatory Evacuations

When a tenant is unable to occupy their unit due to a mandatory evacuation order, rent is automatically suspended for that period.

If rent was already paid:

• The landlord must refund the applicable amount within 10 days after the evacuation order is lifted, or
• The tenant may deduct it from the next rent payment

No tenant request is required. This rent waiver applies automatically.

Local Laws Still Apply

SB 610 does not override local tenant protection ordinances. Any applicable local rules remain fully enforceable and may impose additional obligations on landlords.

Enforcement and Risk Exposure

SB 610 does not create new penalties, but violations may be enforced through existing tenant remedies, including:

• Rent abatement claims
• Defenses in eviction proceedings
• Civil claims for damages

In short, non‑compliance can create significant financial and legal risk.

What This Means for Property Owners

SB 610 raises the bar for post‑disaster response. Successful compliance requires:

• Proactive planning
• Prompt, documented remediation
• Clear tenant communication
• Alignment with evolving local and state requirements

This is not just a legal issue. It’s an operational one.