State of Emergency and Natural Disasters

How do I know if my county is currently in a state of emergency?

Search for your county or the state of California in this table from the California Office of Emergency Services, and it will show when the state of emergency order is in place until.
If the statewide state of emergency order is still active, this means that even if your county’s order has ended, you would still have those protections extended to all tenants in the state until the date listed!

What rights do I have if my county or state is currently in a state of emergency?

Read the California Office of the Attorney General FAQ for the most updated tenant protections during a state of emergency.
Rent increases over 10% are prohibited until 30 days after the state of emergency ends.
- If you have received a rent increase over 10% during a state of emergency, fill out this Price Gouging in a State of Emergency Sample Letter to inform your landlord that the rent increase is not valid.
- Learn more about Rent Increases and Rent Control Protections..

What rights do I have if I have experienced a natural disaster in my home?

Download our Know Your Rights – Natural Disasters document and share with anyone you know who might need support!

What does it mean if my building was, red, yellow or green tagged?

In the event of a natural disaster such as a fire, City Inspectors will perform an initial survey of properties throughout the City to assess the damage. Separately, property owners can hire their own inspectors.

Each tag will be unit specific and will indicate:
• Which part(s) of the unit should be avoided
• Whether there are any other restrictions on use of the unit

These tags can also be applied to mobile homes if a complaint is submitted

• A green tag means that the building is structurally safe to enter AND o it has not been affected OR o it has slight damage

• A yellow tag means “cautionary.” o For example, a yellow tag that reads “remain clear of exterior chimney area” means you can continue to access the unit but should not go near the fireplace for the time being.

• A red tag means the building structure o has been seriously damaged o It is not safe to enter.

NOTE: Tag colors may vary depending on where you live.

• Some cities may only issue red tags and will not issue yellow or green tags.
• At a later stage, the City will conduct an additional survey of properties to determine what repairs need to be made and whether some red tags may be changed to yellow tags.

Can I re-enter building to get my belongings if my building was red tagged?

It depends on the extent of damage done to the building.

Please do not enter the building without first speaking to the appropriate officer.

Contact your local Building Department or City Inspector to find out when you may re-enter the building.

Do I need to pay rent if my unit has been tagged?

It depends on the extent of the damage and what you decide to do about it. Here are some options for different scenarios:

The building is red tagged and the unit was destroyed:
If the unit is destroyed, your lease will be terminated.
▪ Once the lease terminates, your landlord CANNOT collect rent and you do not have the right to live there.
The building is red tagged BUT the unit was not destroyed:
o If the unit is currently unsafe to enter but has not been destroyed, your lease is NOT terminated.
▪ Your landlord CANNOT collect rent from you while you are unable to use the unit.
o In the event of an earthquake, your landlord is not obligated to provide you with alternative housing.
▪ However, if they happen to offer alternative housing and you accept, you would be entering into a new agreement with your landlord and your landlord may ask you to pay rent, even if you cannot live in the original apartment.
We recommend you put any new agreements into writing to have documentation of the rent price and any rules in the alternative housing. This helps protect you as a tenant!
The apartment is partially damaged, but I would like to continue living there:
o If the apartment is partially damaged AND the City Inspector declares the unit to be safe for habitation, you have the right to continue living in the unit according to the terms of your lease.
▪ You will need to pay rent to your landlord, BUT the price of rent should be prorated based on the property value.
▪ We recommend you discuss the pro-rated amount with your landlord and put all agreements into writing.

I can continue to live safely in my home, but my landlord refuses to make necessary repairs. What do I do?

• All tenants have the right to live in a dwelling that is suited for occupation regardless of whether there has been a national disaster. Landlords are obligated to provide gas, heat, electric, plumbing, hot and cold water, water and sewer garbage facilities, and to maintain general cleanliness, safety, waterproofing, and weather protection of the premises (Cal Civil Code Section 1941).

• The landlord must make repairs within a “reasonable” time.
o What constitutes a “reasonable” time will depend on the circumstances, as well as on the nature of the repair.
o For example, a burst water pipe or broken toilet should be repaired more quickly than other minor repairs.

• The time it takes for a landlord to make repairs depends on…
o Whether they have earthquake insurance o Whether they can obtain a loan
o Whether they are entitled to federal or local funding for repairs. However, availability of funds does not change the landlord’s obligations to make repairs.

• If your landlord either completely refuses to make repairs or fails to make repairs within a reasonable amount of time, you can…
o File a complaint with Code Enforcement
o Make repairs and sue for reimbursement, usually in small claims court
o Make repairs and deduct expenses from your rent
o Make repairs and withhold a portion of your rent until the repairs are made. This requires specific procedures and is the riskiest option, so we suggest that before withholding, you contact legal aid.

My landlord says that my lease is terminated because my unit was red tagged. What are my rights?

A red tag does not mean that the lease is automatically terminated.

Lease termination depends on the extent of damage to the building.
• For instance, if the unit was completely destroyed then the lease is terminated, and you do not have to pay rent. This is because the subject of the agreement between you and your landlord, the apartment, no longer exists so he or she is no longer able to rent it to you. (Cal. Civ. Code §1933).
• However, if the unit was damaged but not destroyed then your lease is not terminated because the landlord will be able to rent the unit to you once it has been repaired. (Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014).

What do I do if I experienced a housing issue related to flood emergency?

Review resources if you have experienced housing issues related to flooding emergency:

What do I do if I experienced a housing issue related to fire emergency?

Review resources if you have experienced housing issues related to the 2026 Southern California natural disasters:

Sample Letters

To assert your rights to landlord or master tenant, tailor these letters to your situation:

State of Emergency and Natural Disasters

The following webpage and resources have been developed by staff with years of experience in tenants’ rights, but they DO NOT substitute for legal advice.

How do I know if my county is currently in a state of emergency?

What rights do I have if my county or state is currently in a state of emergency?

What rights do I have if I have experienced a natural disaster in my home?

What do I do if I experienced a housing issue related to flood emergency?

What do I do if I experienced a housing issue related to fire emergency?

Sample Letters

Demand Return of Security Deposit

Leaving Before Lease is Up Due to Uninhabitable Conditions

Rent Increase Percent Invalid – Against 10% Price Gouging Limit

Resources

Know Your Rights – Natural Disasters FAQ

External Resources