tenant rights, disaster relief, and insurance

Have you been displaced by the wildfires? Will you be searching for temporary or long-term housing in Southern California? This is part of KCRW’s wildfire resource guides, including emergency preparedness guides and donation and volunteer opportunities, available at kcrw.com/firehelp. If you have additional tips or resources to share, please send them to newsletters@kcrw.org.

Do I owe rent? 

It depends on the amount of damage to your rental unit. 

You do not have to pay rent on a unit that has been deemed completely destroyed. Under California law, you are released from your rental agreement and landlords must return any prepaid rent and refund the security deposit within 21 days. 

Similarly, you do not have to pay rent for a partially-destroyed unit that is unfit to live in. If it is not habitable, a resident can terminate their lease or keep the lease and move back in once the landlord makes the appropriate repairs to make the unit liveable. 

If a unit is partially destroyed but still habitable, you are still responsible for rent payments. 

Habitality is defined by multiple factors, including functional plumbing (such as hot water, cold water, and operational sewage disposal systems); heating; walls and roofs that keep out rain and wind; floors, stairways and railings that are in good condition; and homes that are clear of health hazards. 

It is illegal for landlords to retaliate against tenants for seeking repairs.

Make insurance claims, if applicable 

Do you have renters insurance? Depending on your policy, personal belongings damaged or destroyed may be covered. Reach out to your insurance company to determine next steps. 

If you have questions about your insurance or how to handle a dispute with your insurance company, contact the California Department of Insurance at 1-800-927-4357, or online at insurance.ca.gov. 

It is recommended to file claims as soon as possible, however it is not required to apply for federal relief dollars. 

Can I apply for federal disaster relief? 

Yes. It’s not just homeowners who can apply for federal disaster relief, such as FEMA.

Renters who may be eligible for FEMA aid include U.S. citizens, legal permanent residents, refugees, and non-citizen nationals. Find the full list of qualifying individuals and what else is required to apply, such as a Social Security number, here. 

FEMA assistance can include different awards, such as Serious Needs Assistance, a one-time payment that can be used to purchase essential items such as food, water, diapers, fuel, and other personal items. Under FEMA’s Individuals and Households Program, eligible residents can receive transitional sheltering assistance, direct temporary housing, and other forms of rental assistance. Other forms of individual assistance can include funds for childcare, transportation, moving, and storage expenses. 

You can apply for FEMA assistance online, by phone at 1-800-621-3362, or on the agency’s app. 

FEMA grants are not loans and are not considered taxable income. They do not have to be repaid. They also will not affect eligibility for other programs such as Medicaid, Medicare, SNAP and Social Security. 

The Small Business Administration is offering renters home disaster loans, allowing eligible individuals to borrow up to $100,00 to replace or repair personal property such as clothing, furniture, cars, and appliances that have been destroyed or damaged. You can apply on the SBA’s website here. 

Know your rights

Price gouging is illegal during emergencies under California Penal Code 396. Business owners and landlords cannot raise their prices or rent more than 10% over a previous asking price. 

These protections have been extended until January 7, 2026 under an executive order signed by Governor Gavin Newsom.  

Reports of skyrocketing rent and price gouging have spread in recent days. Chelsea Kirk with the LA Tenants Union has compiled an unofficial spreadsheet of rental property listings that can be found here. 

You can submit suspected cases of price gouging to the Los Angeles County Department of Consumer and Business Affairs, to the office of California Attorney General Rob Bonta, and via phone at 311. 

Predatory behavior following natural disasters, and particularly wildfires, is common, says Larry Gross, the executive director of the Coalition for Economic Survival. He points to the aftermath of the 2023 Maui wildfire, when some landlords pushed residents unaffected by the fire out of their homes to find new tenants who would pay more money.