New California Law Requires Landlords to Clean Smoke and Ash Damage After Disasters

California renters whose homes are damaged by wildfire smoke, ash or other disaster-related contamination now have clearer legal protections when it comes to getting their homes cleaned and repaired.

Senate Bill 610, which takes effect January 1, 2026, clarifies that landlords are responsible for addressing hazardous debris and contamination caused by qualifying disasters. The law also establishes protections for tenants who cannot safely occupy their homes and provides additional rules governing rent payments during mandatory evacuations.

The legislation follows widespread confusion after the January 2025 Palisades and Eaton fires, when many rental properties remained standing but were contaminated by smoke, soot and potentially hazardous ash.

For renters who could not afford professional cleaning or whose landlords refused to arrange it, the question of who was responsible became a serious obstacle to returning home.

Landlords Must Address Hazardous Smoke and Ash

Under SB 610, landlords must take necessary steps to remove disaster-related debris and mitigate hazards that affect the condition of rental housing.

Those hazards can include smoke, smoke residue, lingering smoke odors, ash, mold, asbestos and water damage.

The law requires landlords to complete necessary cleaning or remediation within a reasonable period after the damage occurs. They must also follow applicable government cleaning protocols, including hiring licensed remediation companies when required.

One particularly important provision concerns whether a damaged rental is considered habitable.

When debris from a qualifying disaster, including ash, sludge or runoff, is present at a rental unit, the law establishes a presumption that the unit is uninhabitable until a local public health agency or official determines that the debris does not contain toxic substances.

That gives tenants a clearer legal basis for raising concerns about contaminated rental properties rather than being left to negotiate cleanup responsibilities on their own.

The 2025 Los Angeles Fires Exposed Confusion Over Cleanup

The new law was prompted in part by difficulties renters experienced after the Palisades and Eaton fires.

Although thousands of structures were destroyed, others survived the flames but were exposed to smoke and airborne debris.

Some tenants returned to discover ash inside their apartments, discoloration around windows and doors, or persistent smoke odors.

According to reporting by LAist, tenants in Pasadena, Altadena and other affected communities encountered conflicting information about whether landlords were required to arrange professional cleaning.

Some property owners refused to pay for remediation, while public officials initially provided inconsistent guidance about how existing habitability laws applied to fire-related contamination.

In some cases, renters were left unable to return to their homes while disputes over cleanup continued.

State Sen. Sasha Renée Pérez, whose district includes Pasadena and Altadena, introduced SB 610 to address those gaps.

The bill was signed by Gov. Gavin Newsom on October 10, 2025, as part of a larger package of disaster-recovery legislation.

Tenants Have the Right to Information About Cleanup

SB 610 also adds requirements intended to make disaster remediation more transparent.

If a tenant has provided a mailing address or email address, the landlord must provide written notice that the necessary remediation work has been completed.

The notice must also inform the tenant that they may review and request copies of environmental studies, testing results or reports conducted on the property.

That information can be especially important when contamination isn't readily visible.

A rental may appear clean after debris has been removed, but tenants may still have questions about the methods used, whether testing was performed, and whether government cleanup standards were followed.

The law doesn't require landlords to commission environmental testing in every case. It does, however, give tenants access to reports that were conducted.

What Happens to Rent During an Evacuation?

Another major provision addresses rent payments when a disaster forces tenants out of their homes.

Under SB 610, tenants who cannot occupy their rental units because of a mandatory disaster evacuation order are not responsible for rent during the period they are required to evacuate.

If a tenant has already paid rent covering that period, the landlord must return the applicable amount within 10 calendar days after the evacuation order is lifted, or the tenant may deduct it from the next month's rent.

The law also requires landlords to refund certain prepaid rent when a tenancy is legally terminated because the rental property has been damaged or destroyed.

Those refunds must generally be made within 21 days of the termination.

Importantly, these provisions do not mean every tenant affected by smoke or ash automatically stops owing rent. The legal circumstances, including whether an evacuation order is in effect and whether the property is legally habitable, still matter.

Can Tenants Return After Disaster Repairs?

For renters worried about losing their homes, SB 610 provides another significant protection.

Unless the tenancy is lawfully terminated, tenants retain the right to return to their rental units at the same rental rate that was in effect immediately before the disaster, once returning is safe and practicable.

This provision is intended to protect renters whose homes require temporary cleanup or remediation but whose rental agreements remain in effect.

However, the law does not require a landlord to rebuild a rental property that has been destroyed or otherwise damaged by a disaster. Existing laws governing termination of tenancies and other rights may still apply.

What Los Angeles Renters Should Know

SB 610 applies statewide to qualifying disasters, not just wildfires in Los Angeles County. The law's definition of a disaster includes certain fires, floods, earthquakes and other emergencies for which the governor or president has declared a state of emergency.

For renters dealing with suspected contamination, documenting the condition of the property remains important.

Photographs, written repair requests, evacuation notices and correspondence with the landlord can help establish what happened and when the problem was reported.

Tenants should also preserve any environmental testing or remediation documents they receive.

When a landlord refuses to address potentially hazardous conditions, renters can contact the appropriate local housing or public health agency and seek legal assistance before taking steps such as withholding rent or ending a tenancy.

For residents affected by the 2025 Los Angeles fires, the new law represents an important clarification: the responsibility for addressing disaster-related hazards in rental housing does not simply fall on the people who rent those homes.

Whether SB 610 leads to faster cleanup and fewer disputes will depend on how property owners and local enforcement agencies implement its requirements.

But beginning January 1, California renters have more explicit legal protections when disaster damage leaves their homes unsafe to occupy.