Landlords: Proceed With Caution in Wake of Los Angeles Wildfires
State and local governments enacted new protections for residential tenants in the wake of the firestorms that razed large parts of Southern California. These protections are intended to help tenants navigate the challenges that arise when homes are damaged or rendered uninhabitable due to wildfires or other disasters.
Here’s an overview for landlords regarding some protections their tenants may invoke:
Eviction Moratoriums
Los Angeles County: On January 21, the Board of Supervisors approved measures to protect tenants in an ever-growing housing crisis, hoping to address the needs of those who were displaced by the fires. There are two directives:
- Eviction Protections for Tenants Providing Shelter – Renters who house individuals or pets displaced by fires are “shielded from eviction.”
- Temporary Adjustments to Short-Term Rentals – The Board eased restrictions on vacation rentals, accessory dwelling units, etc., and removed the 90-night cap on un-hosted stays.
State of California: On January 17, Governor Gavin Newsom issued Executive Order N-11-25, which is similar to the Los Angeles Board of Supervisors’ eviction protections. Landlords may not issue an eviction notice or evict a tenant for sharing housing space with wildfire victims who lost their homes.
Specifically, the order prohibits the use of an unlawful detainer action to evict a tenant for violating a term of their lease because they are sheltering individuals displaced from their primary residence by the recent wildfires. Currently the ban remains in place till March 8, 2025. And unlawful detainer proceedings may be used for other lease violations.
Price-Gouging
California Penal Code Section 396 prohibits price gouging for 30 days after either the governor or the President of the United States proclaims a state of emergency. Governor Newsom proclaimed a state of emergency on January 7.
Under this code businesses and individuals may not raise prices on certain goods and services by more than 10 percent for 30 days after the declaration. The prohibition applies to landlords and hoteliers.
On January 12 Newsom extended the price-gouging prohibition to January 7, 2026. The Executive Order refers to building and storage services, as well as “other essential goods and services” in Los Angeles County.
All-in-all there are wide-reaching efforts by state and local governments to protect individuals displaced by the fires, and tenants offering to provide those individuals shelter. Landlords should proceed with caution if renting to new tenants or considering evictions in the Los Angeles area.
Nicholas Kanter is a real estate and business litigation attorney who assists landlords in unlawful detainer actions.
This information provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact or situation.