TENANT PROTECTIONS

TENANT RIGHTS INFORMATION FOR RENTERS DURING EMERGENCIES AND DISASTERS


TENANT RIGHTS DURING EMERGENCIES

 
 

Learn about your tenant rights after a disaster from Natalie Knott, Supervising Attorney with the Legal Aid Foundation of Los Angeles in partnership with Stay Housed LA.


QUESTION #1: What are my tenant rights as a renter affected by the wildfire disasters if my home was completely destroyed?

  1. You do not owe rent because your tenancy (or rental agreement) has ended.

  2. You must be returned the unused portion of January’s rental payment and your security deposit within 21 days. If you owed rent before the wildfire disasters, landlords can use your security deposit to deduct owed rent.

    Landlords are not required to provide tenants with relocation assistance.

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QUESTION #2: What are my tenant rights as a renter affected by the wildfire disasters if my home was severely damaged (including homes tagged as “red” by government inspectors)?

  1. You have the choice to end your lease or return to your home after rental repairs are made.

  • If you decide to end your lease, you must be returned the unused portion of January’s rental payment and your security deposit within 21 days. If you owed rent before the wildfire disasters, landlords can use your security deposit to deduct owed rent.

  • If you decide to return to your home, your landlord must make the necessary repairs to ensure the home is in safe and livable conditions. You do not owe rent while the landlord makes repairs and the home is uninhabitable. After home repairs are complete, you resume the payment of rent.

    2. You must communicate any decision with your landlord in writing and keep records of communications.

For homes that were either completely destroyed or severely destroyed, if your landlord does not return your rent and/or security deposit, you can sue your landlord in small claims court. Access the Tenant Small Claims Resource Library from the Legal Aid Foundation of Los Angeles HERE.

Access this template to send to your landlords requesting your security deposit and prorated January rent.

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QUESTION #3: What are your tenant rights as a renter affected by the wildfire disasters if your home has minor damages and is safe for living?

  1. You still owe rent because your tenancy is still valid.

  2. You can put in repair requests for any substandard conditions as the landlord must keep a habitable unit. Keep records of any requests made to the landlord.

  3. If you would like a rent reduction, you can negotiate with the landlord based on housing conditions or lack of use of the entire unit. However, you must keep paying rent unless an agreement was made or you run the risk of receiving an eviction notice.

  4. If you would like to leave your unit, you must provide a 30 day notice, or as required by your lease to end your tenancy. If you want to leave in the middle of your lease, you should find a replacement tenant or you may be responsible for the amount of unpaid rent under your lease if no notice is provided.

This information was presented by Natalie Knott, Supervising Attorney with the Legal Aid Foundation of Los Angeles in partnership with Stay Housed LA.


Your relocation assistance protections are subject to the area you reside in, including Los Angeles City, Los Angeles County, and unincorporated areas within the County of Los Angeles and its applicable housing ordinances and protections.

Find out which area you reside in using the LA County Jurisdiction Lookup Tool or the City of Los Angeles Neighborhood Lookup Tool.

Some unincorporated areas in the County of Los Angeles, like Altadena, are covered by the LA County Rent Stabilization and Tenant Protection Ordinance (RSTPO), and therefore may be eligible for temporary or permanent relocation assistance from landlords.

See the LA County Department of Consumer and Business website for more information or call the department at (800) 593-8222


FEMA ASSISTANCE

You have a right to access disaster relief through the federal government. If your home was completely destroyed or severely damaged due to the wildfire disaster apply for temporary housing assistance through FEMA: https://www.disasterassistance.gov/

For more information on FEMA assistance please see FEMA’s Frequently Asked Questions page HERE.

To view a list of frequently asked questions on FEMA Financial Assistance click HERE to view additional resources on FEMA assistance provided by the law firm Public Counsel.


RENTAL GOUGING

Los Angeles County is protected by price gouging during states of emergency prohibiting rent increases exceeding 10% until 30 days after a state of emergency is lifted. Per Governor Newsom’s Executive Order N-4-25, rent gouging protections will remain in effect until January 7, 2026.

  • Protections cover rental housing, hotel accommodations, home repair costs, and essential consumer items and services such as food and gasoline

  • Protections apply to current and prospective tenants

  • Protections make it illegal for a tenant to be evicted to lease to another tenant with higher rent

    Learn more about rent gouging HERE.

In addition, landlords must comply with the Rent Stabilization Ordinance (RSO) applicable to your area:

  • In the City of Los Angeles, the RSO limits rent increases to 4%

  • In unincorporated areas of Los Angeles County, the RSO limits rent increases to 2.565 - 3.565% for small landlords

  • In the City of Pasadena, the RSO limits rent increases to 3%

If the Rent Stabilization Ordinance (RSO) does not apply to your area, landlords must comply with the anti-price gouging statute.

Report rent gouging to the Los Angeles County Consumer and Business Affairs Department:

Online complaint form: https://dcba.lacounty.gov/portfolio/price-gouging/

Phone: (800)-593-8222

Email: info@dcba.lacounty.gov

You can also contact the Los Angeles City services and information line dialing 311 on your phone and the CA Department of Justice at (800) 952-5225 or at https://oag.ca.gov/.

Received a rent increase of over 10% during this state of emergency? Access this sample letter to send to your landlord provided by Tenants Together, California’s Statewide Organization for Renters’ Rights.