This article outlines the rights of San Diego renters whose homes have been affected by wildfires. It provides guidance on lease termination, rent obligations, security deposits, and potential legal options.
According to a Redfin study, nearly half of San Diegans rent their homes. With all the recent wildfires in the area, KPBS Reporter Melissa Mae tells us what rights renters have if they lose their home to wildfire. Vera, a legal expert, says the first thing a renter should do if their home is affected by a natural disaster is contact their landlord.
She emphasizes checking in with the fire department and local code enforcement to determine if it's safe to return to the property, depending on the extent of the damage. If a renter's home becomes uninhabitable due to a wildfire, Vera explains that under contract law, the lease agreement is automatically terminated. This means both the tenant and landlord are relieved of their respective obligations. The tenant is no longer responsible for paying rent, and the landlord is not obligated to provide housing. However, Vera clarifies that the landlord is not responsible for rehoming the tenant. Renters are entitled to a prorated amount of their rent and security deposit, which should be returned in full, except for any outstanding rent or fees. The landlord must also provide detailed receipts and itemization if retaining any portion of the security deposit for reasons other than unpaid rent or fees. This must be done within 21 days of the tenant moving out.Vera states that if a home is partially damaged but still livable, a landlord cannot increase the rent during the term of a lease agreement. However, if the rental agreement is month-to-month, the landlord could increase the rent with a 30-day notice. The notice period for rent increases over 10% is 90 days, while for increases of 10% or less, it's 30 days. If non-essential parts of the rental property, such as a porch, are damaged, Vera says tenants cannot legally break their lease but may have other options. Renters could argue for a rent deduction until the damaged space is repaired, depending on the specifics. Vera emphasizes that the situation is complex and depends on various factors, such as the extent of the damage and the landlord's actions. She suggests seeking legal advice if renters face disputes with their landlords regarding wildfire damage
Wildfires San Diego Renters Rights Lease Agreement Property Damage
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