{"id":8381,"date":"2020-09-30T10:55:18","date_gmt":"2020-09-30T17:55:18","guid":{"rendered":"https:\/\/www.rentecdirect.com\/blog\/?p=8381"},"modified":"2020-10-02T16:51:07","modified_gmt":"2020-10-02T23:51:07","slug":"landlord-renter-rights-wildfires","status":"publish","type":"post","link":"https:\/\/www.rentecdirect.com\/blog\/landlord-renter-rights-wildfires\/","title":{"rendered":"Landlord and Renter Rights After a Wildfire"},"content":{"rendered":"

\"Landlord<\/p>\n

 <\/p>\n

The fires ongoing on the West Coast have left communities, families, and individuals devastated as they deal with the tragic aftermath.\u00a0\u00a0<\/span><\/p>\n

Between extreme weather and arsons, over <\/span>70 active wildfires raged along the West Coast<\/span><\/a> in early September and most continue their devastation weeks later.\u00a0<\/span><\/p>\n

These <\/span>West Cost fires are destroying land<\/span><\/a> and structures which come with at a hefty price. In Oregon alone, the estimated <\/span>damage is estimated at a $100 million<\/span><\/a> dollars. But more devastating are the injuries, loss of lives, loss of businesses, and housing across Oregon, California, and bordering states.\u00a0<\/span><\/p>\n

In Southern Oregon at least <\/span>2800 structures, mostly housing, have been destroyed<\/span><\/a> and with a continued heatwave and an <\/span>underground wildfire <\/span><\/a>may burn for months, Oregon is not in the clear.\u00a0<\/span><\/p>\n

Creek Fire, one of the largest <\/span>fires in California, spawned two firenados<\/span><\/a> (known as a fire tornados) with 100 mile an hour winds that devastated the area. <\/span>Oregon, Washington, and California have all reached out to <\/span>FEMA with declared emergencies due to fires<\/span><\/a> recently.\u00a0<\/span><\/p>\n

IMPACT AND RECOVERY FROM THE WEST COAST FIRES\u00a0<\/span><\/h2>\n

As the western states begin recovery efforts to rebuild, concern has grown for who and how housing will be provided to families who have lost their homes.<\/span><\/p>\n

State and federal resources are stretched thin, as floods, fires and hurricanes have gripped the nation and many states such as Oregon and California confront an unprecedented, statewide housing crisis.\u00a0<\/span><\/p>\n

Meanwhile, many whose homes burned are finding their insurance policies won\u2019t cover the cost of rebuilding. Others lack home or renter\u2019s insurance altogether.\u00a0<\/span><\/p>\n

This will have a huge impact on homeowners and investors, property managers, and tenants alike. Property managers and landlords need to be aware of their responsibilities to tenants who have been displaced, while tenants should also be aware of their own rights.<\/span><\/p>\n

This article is written with the intent to provide guidance to renters, landlords, property managers, and investors for what do when your property was damaged in these most recent west coast fires.\u00a0<\/span><\/p>\n

But as I am researching this article, I am blown away by the lack of information available on how to manage fire damage repairs for rental properties. While it\u2019s obvious that homeowners insurance is the answer for a residence that currently lives in the home they own, it is very unclear for what happens to any displaced renters.<\/span><\/p>\n

Renters will be looking to their landlords and property managers for information on where they can currently live if their home was damaged or destroyed by fire. And landlords, property managers, and investors will be looking for information about how to answer these tenant questions.\u00a0<\/span><\/p>\n

Additionally, property managers need to work with owner clients to communicate repairs and their responsibilities for honoring or canceling lease agreements and how it will affect your clients\u2019 rental income.<\/span><\/p>\n

Here\u2019s a look at some West Coast state-specific information and housing laws to help guide your decisions during this difficult time.<\/span><\/p>\n

REGULATIONS REGARDING FIRE DAMAGE TO RENTAL PROPERTY<\/span><\/h2>\n

Again, there is a lack of information regarding the landlord\u2019s responsibilities when rental homes are destroyed sans the Implied Warranty of Habitability.\u00a0<\/span><\/p>\n

For example, California rental property owners and managers are required to uphold the Implied Warranty of Habitability to their renters. According to <\/span>Cal. Civ. Code \u00a7\u00a7 1941<\/span><\/a> A rental unit must be fit to live in; that is, it must be habitable. In legal terms, \u201chabitable\u201d means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants\u2019 health and safety.<\/span><\/p>\n

A renter\u2019s right to an implied warranty of habitability is something I predict most renters will turn to when asking their landlords to provide temporary housing for them while rebuilding takes place. In fact, in California, if a tenant has to temporarily relocate for required maintenance and repairs, a tenant does not have to pay rent to his landlord during the time he is not able to live at the property.<\/span><\/p>\n

But here is the big BUT\u2026<\/span><\/p>\n

If a property is totally destroyed, like those homes in Napa and Sonoma counties, the <\/span>California Department of Real Estate<\/span><\/a> states that a rental lease will terminate, the landlord does not need to provide temporary housing, and the tenant can stop paying rent.<\/span><\/p>\n

If the premises are only partially destroyed<\/span><\/a> (due to no fault of the tenant), the tenant may terminate the lease upon delivery of written notice to the landlord if a substantial portion of the premises is damaged or if a material portion of the premises necessary for tenant\u2019s use is damaged.<\/span><\/p>\n

Oregon has similar regulations regarding the Implied Warranty of Habitability but does not specifically address the lease termination process if the premise is uninhabitable.\u00a0<\/span><\/p>\n

Because of the lack of information available, renters, investors, landlords, and property managers in affected areas are advised to seek licensed legal assistance in their area for more advice on their state\u2019s rental laws.<\/span><\/p>\n

Rentec Direct created <\/span><\/i>State Landlord-Tenant Laws Resource Guides<\/span><\/i><\/a> to serve as a starting point for renters, landlords, and property managers to understand their rights.<\/span><\/i>\u00a0<\/span><\/p>\n

West Cost guides can be found here: <\/span><\/p>\n