SB 610: New Post-Disaster Remediation Duties for California Landlords

(Chaptered on October 10, 2025)

California has added new, explicit rules for what landlords must do after a declared “disaster” impacts a residential rental property. 

For real estate professionals, landlords, and investors, this matters because SB 610 tightens habitability expectations, clarifies cleanup accountability, and increases the operational and financial planning required after a major event.

What SB 610 States

1) Landlords now have a statutory duty to remediate disaster related “dilapidations”

SB 610 adds Civil Code section 1941.8, which makes it the landlord’s duty (for a structure intended for human habitation) to do one or both of the following as necessary:

• Remove debris caused by the disaster

• Mitigate hazards arising from the disaster, including but not limited to: mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage

The law also requires the landlord to comply within a reasonable time and to follow government issued cleaning protocols, including using licensed remediation contractors where required.

2) Disaster debris triggers a presumption of “untenantable” conditions until cleared

SB 610 establishes a presumption that the presence of disaster debris (including ash, sludge, or runoff) renders a unit untenantable until a local public health agency or official determines the debris does not contain toxic substances.

In practice, this addresses the prior argument that disaster debris is a “natural condition” outside the landlord’s responsibility by putting the cleanup duty directly into statute and tying it to habitability standards.

3) Tenant communication and return rights are part of the compliance picture

If the tenant has provided a postal or email address, the landlord must provide written notice that the landlord has complied with the remediation duty, and inform the tenant they may view or request copies of relevant environmental studies, testing, or reports.

Unless lawfully terminated, the tenancy remains in effect and the tenant has the right to return at the same rental rate that was in effect immediately prior to the disaster, as soon as it is safe and practicable.

Important limitation: SB 610 also states it does not require a landlord to rebuild a residential rental property (or any portion) that was damaged by a disaster.

Rents & Refunds: Where SB 610 could impact cash flow

SB 610 also adds Civil Code section 1941.9, which includes (among other items):

• Mandatory evacuation: A tenant’s obligation to pay rent is discharged during any period they cannot occupy the unit due to a mandatory evacuation order tied to a disaster. If rent was already paid for the evacuation period, the landlord must return it within 10 calendar days after the evacuation order is lifted (or the tenant may deduct it from next month’s rent).

  
  

• Termination and prepaid rent: When the tenancy is terminated due to destruction or qualifying termination provisions, landlords must return advance rental payments covering periods after termination, generally within 21 days.

Operational considerations for real estate operators and investors

Budgeting and reserves

• Build a “post-disaster remediation” reserve line item into operating budgets.

• Assume costs may necessitate professional environmental testing and licensed remediation, not just debris hauling.

Vendor and response planning

• Negotiate relationships with remediation contractors who can mobilize quickly.

• Maintain a documented workflow aligned with local and state cleaning protocols. Stay up-to-date as further guidance is issued.

Tenant communication systems

• Ensure you can contact every tenant via phone, email and mail.

• Create templates for the SB 610 written notice and a process to provide requested reports promptly.

Claims and dispute risk

• Expect more tenant claims pressure where debris is present and a unit cannot be cleared quickly, especially given the statutory presumption of untenantability.

Acquisition and underwriting considerations

When evaluating new deals (especially in higher-risk corridors):

1. Environmental and disaster exposure screening

2. Map wildfire, flood, and other hazard exposure. Consider using an environmental risk coefficient to adjust reserves/CapEx accordingly.

3. Underwrite for mitigation and downtime

4. Include potential evacuation driven rent interruptions and refund timelines in cash flow stress tests.

5. Local partners and action plans

6. Have boots-on-the-ground capacity ready for rapid inspection, vendor dispatch, and tenant updates immediately after a declared emergency.

Practical next steps

• Review your disaster response SOPs to ensure they cover debris removal, hazard mitigation, and documentation.

• Align lease operations and property management protocols to meet the new notice and reporting access expectations.

• Revisit insurance, reserves, and underwriting assumptions for markets with elevated disaster risk.

Read the document text here: CA SB 610

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Disclaimer: This article is for general information only and is not legal advice. For property-specific guidance, consult a California real estate attorney or compliance professional.