If You Were Under an Evacuation Order, You May Not Owe Rent for Those Days

If You Were Under an Evacuation Order, You May Not Owe Rent for Those Days

A new California law that took effect January 1, 2026 has quietly handed renters one of the most practical protections to come out of the state’s wildfire response efforts. It’s called Senate Bill 610, and if you were forced out of your home by a mandatory evacuation order, it means your landlord may owe you money — or at the very least, can’t charge you for the days you weren’t allowed to be there.

Recent events across Southern California — including the Sandy Fire, a fast-moving wildfire that forced thousands from their homes in Simi Valley in May 2026, and the Garden Grove chemical incident just weeks later, where a leaking tank at an aerospace facility triggered a mass evacuation of roughly 50,000 residents in Orange County — are both examples of exactly the kind of declared emergencies this law was designed for. If you were displaced by either of those, or any other event tied to a state of emergency declaration, this applies to you.

Here’s what it actually means for you.

The basics

When a mandatory evacuation order is issued as part of a Governor- or President-declared state of emergency, your rent is automatically suspended. You don’t have to file anything, negotiate anything, or wait for your landlord’s permission. For every day that order was in effect, you don’t owe rent — and if you already paid it, you’re entitled to a refund.

Once the evacuation order is lifted, your landlord has 10 calendar days to return whatever prepaid rent covers that period. If they don’t, you can deduct it from your next month’s rent.

An important limitation

SB 610 only applies when the Governor or the President has declared a state of emergency. A local emergency declaration on its own — issued by a city or county — does not trigger the law’s protections. During the bill’s debate in Sacramento, legislators actually acknowledged this gap, noting that smaller or more localized disasters might displace renters without ever reaching the threshold for a state declaration.

In practice, major wildfire events in Southern California almost always come with a Governor’s declaration. But if you were evacuated due to a smaller, more contained fire that didn’t rise to that level, you may not be covered under SB 610. It’s worth checking whether a state of emergency was declared for your specific event — your county Office of Emergency Services website is a good place to start.

A few other things worth knowing

The law only kicks in for mandatory orders — not voluntary advisories. If you left before the mandatory order came down, your abatement starts from the moment that order was officially issued, not from when you personally decided to go.

When you return, your landlord cannot raise your rent. They have to let you come back at the same rate you were paying before. California’s anti-price gouging law already prohibited increases of more than 10% during a declared emergency, and SB 610 reinforces that by requiring the same rental rate when you move back in.

If your unit was completely destroyed and is uninhabitable, your lease is effectively over. Your landlord must return all prepaid rent and your security deposit within 21 days. This applies to every type of residential rental in California — apartments, houses, condos, duplexes — regardless of how big or small your landlord’s portfolio is.

What you should do

Knowing an order is in effect — and when it started — is the foundation of any SB 610 claim. SCWR’s LAIT911 app monitors emergency alerts, evacuation orders, and incident activity across Los Angeles and surrounding areas in real time, often surfacing information before local news does. If you’re in Southern California, it’s worth having on your phone before you ever need it.

When an order drops, note the exact date and time — that’s when your rent abatement begins. Confirm that a state of emergency was declared and save that documentation too. Put your request to your landlord in writing and reference SB 610. Take photos of any damage when it’s safe to return. Keep copies of everything.

If your landlord pushes back or refuses to comply, contact the California Attorney General’s office, your local district attorney, or a tenant rights organization in your area. Many offer free assistance to renters affected by disasters.

You survived the evacuation. You shouldn’t have to fight for this on top of it.

This post is for general informational purposes and is not legal advice. Southern California Wildfire Response is a volunteer wildland fire department serving Los Angeles and surrounding communities.