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  1. #1
    Join Date
    Aug 2020
    Posts
    2

    Exclamation Rent Payments During Long-Term Mandatory Evacuation

    My question involves landlord-tenant law in the State of: California
    My tenants have been under mandatory evacuation for 13 days now because of the CZU Lightning complex fire in Northern California.
    My rental property is undamaged but the mandatory evacuation could go on for a couple more weeks because of the complexity of the fire.
    My question is this
    : under these circumstances should I expect my tenets to keep paying rent During this mandatory evacuation period?
    Would be nice to get some answers ASAP because rent is due tomorrow On 1 September.
    Thank you for considering my question?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Rent Payments During Long-Term Mandatory Evacuation

    The CA landlord tenant statutes don't appear to address this.

    I could not find an answer specifically for California but in other states where mandatory evacuation occurred, lawyers have answered the question in the affirmative. Your tenants continue to pay rent unless there is something in your lease that waives rent under the circumstances.

    I'm not allowed to post links to other attorney sites but if you google the question you might find what I found.

    You, of course, have the option to abate rent if you want to.

    If you don't, your tenants may have a state or federal claim for disaster assistance.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Rent Payments During Long-Term Mandatory Evacuation

    Quote Quoting Liamperdiem
    View Post
    My question involves landlord-tenant law in the State of: California
    My tenants have been under mandatory evacuation for 13 days now because of the CZU Lightning complex fire in Northern California.
    My rental property is undamaged but the mandatory evacuation could go on for a couple more weeks because of the complexity of the fire.
    My question is this
    : under these circumstances should I expect my tenets to keep paying rent During this mandatory evacuation period?
    Would be nice to get some answers ASAP because rent is due tomorrow On 1 September.
    Thank you for considering my question?
    That is a tough one. I suspect that the legal answer is that your tenants should keep paying rent since it's not your fault that they had to evacuate. However if the property becomes unlivable then it would be different.

    However, the moral answer is that if your tenant have had to stay in a motel/hotel somewhere and eat out then they might very well not be able to pay rent, and it would be a little morally bereft for you to not work with them.

  4. #4
    Join Date
    Aug 2020
    Posts
    2

    Default Re: Rent Payments During Long-Term Mandatory Evacuation

    Quote Quoting adjusterjack
    View Post
    The CA landlord tenant statutes don't appear to address this.

    I could not find an answer specifically for California but in other states where mandatory evacuation occurred, lawyers have answered the question in the affirmative. Your tenants continue to pay rent unless there is something in your lease that waives rent under the circumstances.

    I'm not allowed to post links to other attorney sites but if you google the question you might find what I found.

    You, of course, have the option to abate rent if you want to.

    If you don't, your tenants may have a state or federal claim for disaster assistance.
    Thanks

    Thanks I appreciate you looking into it.

    Thank you for the info

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