Preserving Tenants’ Right to Return After a Natural Disaster

When a natural disaster like a fire, flood, or earthquake damages or destroys a rental unit, tenants often face uncertainty about their rights. In the immediate aftermath, landlords may try to permanently remove tenants under the guise of safety or repairs. But in many cases, tenants retain important rights, including the right to return to their unit once it is repaired or rebuilt. T his right to return is a critical protection under California law and in cities with rent control and eviction protections.

A disaster does not automatically terminate a tenancy. Nor does it give landlords the right to unilaterally raise the rent, remove the tenant, or re-rent the unit at a higher market rate. Tenants displaced due to a natural disaster should take steps to preserve their tenancy and enforce their right to return.

Tenants displaced by natural disasters still have rights

California Law on Habitability and Lease Termination

Under California Civil Code section 1933(4), a lease terminates only if the rental unit is destroyed without fault of the landlord or tenant, making it entirely uninhabitable. However, this provision is narrowly applied. I f the unit is only partially damaged or can be repaired, the tenancy generally continues. Courts have held that minor or temporary uninhabitability does not automatically end a lease. Additionally, if the landlord’s failure to maintain the premises contributed to the damage, for example, by ignoring structural issues that worsened during an earthquake, then the lease may remain enforceable.

In some cases, tenants may vacate temporarily for repairs and then assert the right to return once the unit is restored. California courts have long recognized that tenants cannot be punished or displaced permanently due to conditions outside their control.

Right to Return in Rent-Controlled Jurisdictions

Cities like Berkeley, Santa Monica, West Hollywood, Richmond, Oakland, and San Francisco all explicitly recognize a tenant’s right to return when temporarily displaced due to repairs following a fire, flood, earthquake, or other disaster. For example, in San Francisco, tenants displaced due to fire, flood, or earthquake have an enforceable right to return once the unit is repaired. Landlords must offer the unit back to the displaced tenant before renting it to anyone else and must do so at the same controlled rent, adjusted only by allowable increases. If the landlord fails to honor this right, the tenant may bring a claim for wrongful eviction and recover damages, including the difference in rent, moving costs, emotional distress, and treble damages under San Francisco Rent Ordinance section 37.9(f).

Similarly, Oakland’s Just Cause for Eviction Ordinance and related rent control rules require landlords to notify displaced tenants of their right to return. A landlord who attempts to re-rent the unit without first offering it back to the tenant may be liable for a wrongful endeavor to recover possession and may be sued for punitive and compensatory damages.

Common Tactics Used to Avoid the Right to Return

After a natural disaster, some landlords try to avoid their obligations by:

Claiming the lease is terminated without providing written notice or legal justification
Delaying repairs in bad faith or failing to seek permits
Telling tenants they must vacate “permanently” without formal process
Re-renting the unit at a higher rate after minimal repairs
Demanding that tenants sign waivers or new lease agreements at market rent

These tactics are often unlawful. A landlord cannot simply decide to remove a tenant due to property damage if the tenancy is otherwise protected. Rent control ordinances continue to apply, and tenants must be offered a right of first refusal when repairs are complete.

Steps Tenants Should Take to Preserve Their Rights

Tenants displaced by a disaster should take immediate and documented action to preserve their right to return:

Notify the landlord in writing that you intend to return once the unit is repaired
Request regular updates on the repair timeline, inspection reports, and permits
Do not sign any waiver, lease termination, or “cash for keys” agreement without first speaking to a tenant attorney
Keep copies of all communications with the landlord, especially anything related to timelines or promises
Take photographs of the damage before cleanup begins, if safe to do so
If your city allows it, register your displacement with the local rent board or housing authority
Keep your landlord updated with your current address, phone number, and email so they can notify you when repairs are complete

If the landlord cannot locate you due to outdated contact information, they may claim you abandoned your right to return. Keeping your contact details current is a simple but essential way to preserve your legal protections.

Damages for Denial of Right to Return

If a landlord refuses to allow a tenant back into a repaired unit or rents the unit to someone else without complying with local law, the tenant may sue for wrongful eviction. Courts may award:

Long-term rent differential damages, based on what the tenant would have paid versus what they now pay
Moving and storage costs
Emotional distress damages for being displaced from a long-term home
Statutory and punitive damages, particularly under rent control laws
In several cities, treble damages, statutory damages, and attorney fees

Courts have affirmed that tenants may recover damages based on the projected length of time they would have remained in the rent-controlled unit. Chacon v. Litke, 181 Cal. App. 4th 1234 (2010). This includes cases where tenants were never allowed to return after disaster-related repairs.

Conclusion

Tenants displaced by natural disasters still have rights. A fire, flood, or earthquake does not automatically terminate a tenancy or erase rent control protections. In many cases, tenants have a legally enforceable right to return and to resume paying the same rent once the unit is repaired. Landlords who attempt to exploit a disaster to remove tenants or raise rents may be liable for wrongful eviction, statutory violations, and significant damages.

If your home was damaged in a natural disaster and your landlord is refusing to allow you back, pressuring you to give up your rights, or re-renting your unit to someone else, you may have a strong claim. The tenant attorneys at Tobener Ravenscroft LLP have successfully represented thousands of displaced tenants and are here to help you protect your tenancy and recover compensation for any unlawful conduct. Contact our office for a consultation. You do not lose your rights just because disaster strikes.