After the January 2025 wildfires in Los Angeles County, thousands of renters came home to apartments that were still standing but coated in ash, smelling of smoke, and in some cases soaked by firefighting water. Many were told the cleanup was their problem. California lawmakers responded with Senate Bill 610, which took effect January 1, 2026.
SB 610 matters well beyond wildfires. It applies to many kinds of formally declared disasters, including floods and storms. With forecasters expecting a potentially strong El Niño this winter, Southern California renters should understand what this law requires before the next emergency, not after. (See our companion guide on El Niño and rental leaks.)
What SB 610 Does
SB 610 added new provisions to the California Civil Code that spell out a residential landlord’s responsibilities after a declared disaster. In general terms, the law:
- Places cleanup on the landlord. Landlords must remove disaster debris and address hazards caused by the disaster, which the law expressly describes as including mold, smoke, smoke residue, smoke odor, ash, asbestos, and water damage.
- Requires the work to meet a standard. The cleanup must be done within a reasonable time and according to applicable government cleaning protocols, not by a quick wipe-down.
- Addresses rent while a home is unlivable. Tenants who could not occupy the unit because of the disaster are generally not responsible for rent for that period, and prepaid rent for that time should be refunded.
- Protects the right to return. If the tenancy was not lawfully ended, the tenant may return at the rent they were paying before the disaster.
- Requires notice and transparency. Landlords must notify tenants when the unit is ready to be reoccupied, and tenants may access environmental testing or reports prepared for the property.
- Does not require rebuilding. A landlord is not required to rebuild a unit that was destroyed.
What Counts as a “Disaster”?
SB 610 applies to emergencies declared by the President or the Governor. That can include wildfires, floods, storms, earthquakes, and other natural or human-caused emergencies. An ordinary roof leak during a normal rainstorm is not a declared disaster, but California’s longstanding habitability laws still apply to those situations.
Why Mold Is Central to This Law
Water is the common denominator in almost every disaster. Floods soak drywall and flooring. Firefighting leaves structures saturated. Power outages shut down air conditioning and ventilation for days. When building materials stay wet, mold can begin to grow within a day or two.
Smoke and ash present their own problems. Fine particles settle deep into carpet, HVAC ducts, insulation, and soft furnishings. A cosmetic cleaning may make a unit look acceptable while contamination remains inside walls and ventilation systems.
By naming mold, smoke residue, ash, and water damage, SB 610 makes clear that a landlord cannot simply hand back the keys to a unit that looks fine but is still contaminated.
How SB 610 Fits With Existing California Law
SB 610 adds to protections tenants already had. Every lease in California includes the implied warranty of habitability, and Civil Code section 1941.1 requires effective weatherproofing, working plumbing, and a building free of conditions that endanger health. Health and Safety Code section 17920.3 lists visible mold growth and dampness as substandard conditions. For an overview, read California Mold Laws: Tenant Rights and Landlord Obligations Demystified.
The practical difference is clarity. Before SB 610, some landlords argued that ash or smoke residue was an “act of God” and not their responsibility. That argument is now much harder to make after a declared disaster.
What Tenants Should Do After a Disaster
Get and keep everything in writing. Save evacuation orders, emails from your landlord, and any notices about when the unit will be ready.
Ask for the testing results. If your landlord hired an environmental consultant, request copies of the reports. SB 610 gives you the right to see them.
Photograph and video the unit when you return. Capture odors you can describe, visible residue, water lines, stained ceilings, and the condition of air vents and filters.
Do not assume “cleaned” means safe. If you smell smoke or a musty odor, see staining, or feel sick after moving back in, report it in writing right away.
Track your costs. Keep receipts for temporary housing, replacement belongings, cleaning supplies, and medical visits.
Talk to an attorney before signing anything. Some landlords offer small payments in exchange for a release of all claims. Understand what you are giving up first.
Frequently Asked Questions
Does SB 610 apply to homeowners?
SB 610 focuses on the landlord-tenant relationship. Homeowners dealing with disaster-related mold typically look to their insurance policy and, where applicable, their HOA. If your claim was denied, see Can I Sue My Insurance Company for Denying My Mold Claim?
My landlord says the unit is clean, but it still smells like smoke. What can I do?
Put your concerns in writing, request any environmental reports, and consider an independent inspection. Persistent odor is a sign that contamination may remain.
Do I owe rent while I was evacuated?
Generally, SB 610 provides that tenants are not responsible for rent for the period the unit could not be occupied because of the disaster. The specifics depend on your facts, so get advice if your landlord disagrees.
Can my landlord raise the rent when I come back?
If your tenancy was not lawfully terminated, SB 610 generally allows you to return at your pre-disaster rent.
Get Help From a Firm That Handles Only Mold Cases
Thompson Injury Law represents Southern California families in mold and water-damage cases, and nothing else. If your rental was damaged in a disaster and your landlord has not properly cleaned up mold, smoke, or water damage, call (619) 615-0767 or request a free case evaluation. We serve clients from Long Beach to the border.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
