Who Pays to Clean Wildfire Smoke and Ash Out of an El Segundo Rental? What SB 610 Requires

Published August 10, 2026

A new Civil Code section presumes a rental unit is untenantable once disaster debris like smoke, ash, or mold is present, until a public health agency clears it. The landlord bears the remediation duty and must let the tenant return at the old rent once it is safe.

The short answer

California Civil Code section 1941.8, added by SB 610, presumes a rental unit is untenantable once disaster debris, including smoke, smoke residue, ash, mold, or water damage, is present, until a public health agency confirms no toxic substance remains. The landlord must remove the debris, remediate within a reasonable time, notify the tenant in writing when done, and let the tenant return at the prior rent.

Last verified: August 10, 2026

Why this matters for an El Segundo landlord specifically

El Segundo sits close enough to the hills and canyons above the South Bay that a regional wildfire event does not need to burn a single structure in the city to leave smoke, ash, and soot in a rental unit's HVAC system, carpets, and drywall. SB 610 was written for exactly that gap, a unit that was never on fire but is no longer safe to live in because of what a nearby fire deposited in the air and on every surface. Before this law, habitability arguments over ash and smoke residue leaned on the general implied warranty of habitability. SB 610 puts a specific, named duty and a presumption into the Civil Code.

What Civil Code section 1941.8 actually requires

A defined trigger. The section applies when there has been a "disaster," a term the statute defines broadly to include an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic outbreak, or another natural or manmade event for which the President or the Governor has declared a state of emergency. A regional wildfire with a gubernatorial emergency declaration qualifies even if the fire itself never reaches El Segundo.

A presumption that favors the tenant. Once debris from the disaster, the statute references material such as ash, sludge, or runoff that may carry toxic substances, is present at the rental unit, the unit is presumed untenantable. That presumption holds until the local public health agency determines the debris does not contain toxic substances. The burden effectively sits with getting an official determination, not with the tenant proving harm.

A remediation duty that names the categories. The landlord must remove the debris and mitigate specific hazard categories the statute lists by name: mold, smoke, smoke residue, smoke odor, ash, asbestos, and water damage. This list matters because it forecloses an argument that only visible ash counts, smoke odor alone is enough to trigger the duty.

A time standard, not a fixed deadline. The statute requires the landlord to act within a reasonable time and to follow applicable government cleaning protocols during remediation. The text retrieved does not specify a fixed number of days, so do not commit to a specific turnaround time as if the statute set one.

A written notice requirement. Once remediation is complete, the landlord must notify the tenant in writing that the work is done, and must provide access to environmental reports related to the remediation.

A right to return at the old rent. The tenant has the right to return to the unit at the same rental rate that was in effect immediately before the disaster, as soon as it is safe and practicable to do so. The statute does not require the landlord to rebuild a unit that was structurally destroyed, its scope is remediation of contamination and debris, not reconstruction.

Quick reference

| Element | Detail | Citation |

|---|---|---|

| New code section | Civil Code section 1941.8 | SB 610, Chapter 547, Statutes of 2025 |

| Trigger | A declared disaster, including wildfire, with resulting debris at the unit | Civil Code section 1941.8 |

| Presumption | Unit presumed untenantable while debris is present | Civil Code section 1941.8 |

| Presumption lifted by | Local public health agency determination of no toxic substance | Civil Code section 1941.8 |

| Named hazard categories | Mold, smoke, smoke residue, smoke odor, ash, asbestos, water damage | Civil Code section 1941.8 |

| Remediation timing | Within a reasonable time, following government protocols | Civil Code section 1941.8 |

| Landlord notice duty | Written notice to tenant when remediation is complete, plus environmental reports | Civil Code section 1941.8 |

| Tenant's return right | Return at the pre-disaster rental rate, once safe and practicable | Civil Code section 1941.8 |

| Rebuild obligation | Not required if the unit is destroyed | Civil Code section 1941.8 |

Where this gets practically hard

The presumption of untenantability is the sharpest edge of this statute for a landlord. It means you do not get the benefit of the doubt that ash on a windowsill or a lingering smoke odor is minor. The default legal position, once disaster debris is present, is that the unit is not habitable until a public health agency says otherwise. If you want to keep collecting rent on a unit that has smoke odor after a nearby fire, get the official clearance rather than relying on your own judgment that it is fine.

The environmental report requirement also creates a paper trail worth building into your standard post-disaster process now, before the next fire season, rather than improvising it under pressure. Whoever you hire to test air quality or surface residue should produce a report you can hand to the tenant as part of your written notice.

A practical rollout for a small portfolio

1. Add a disaster-response checklist to your operating procedures that starts the moment a state of emergency is declared for a wildfire anywhere near your properties, even units with no visible damage.
2. Line up a remediation contractor and an environmental testing resource in advance, so "within a reasonable time" is not delayed by a scramble to find vendors after the fact.
3. Do not re-occupy or re-list a unit with any smoke, ash, or odor complaint until you have a public health agency determination or equivalent documentation that the debris contains no toxic substance.
4. Keep the pre-disaster rent on file for every unit affected by a declared emergency, since the tenant's right to return is tied to that rate, not a new market rate.

FAQ

Does SB 610 apply only if my El Segundo property actually burned?

No. The trigger is disaster debris at the unit, such as smoke, ash, or residue, following a declared emergency. The property itself does not need to have caught fire.

Who decides when the unit is safe again?

The statute ties the end of the untenantability presumption to a determination by the local public health agency that the debris contains no toxic substances.

Can I raise the rent when the tenant returns after remediation?

The statute states the tenant has the right to return at the same rental rate in effect immediately before the disaster. Consult an attorney before applying any rent change tied to a return under this section.

Am I required to rebuild a unit that was destroyed in the fire?

No. The statute is explicit that landlords are not required to rebuild under this provision. Its duties are about debris removal and contamination remediation, not reconstruction.

What do I have to give the tenant once cleanup is done?

Written notice that remediation is complete, and access to the environmental reports connected to that remediation.

Does this apply to mobile home parks too?

SB 610 also added Civil Code section 798.64, which sits in the Mobilehome Residency Law. If you operate a mobile home park, confirm the specific text of that section with an attorney, since it was not independently reviewed for this article.

This is general information, not legal advice. Confirm current statutory text at leginfo.legislature.ca.gov and consult a licensed attorney or your property's environmental remediation professional before making occupancy decisions after a disaster.

Topics: compliance, landlord law, habitability, South Bay, El Segundo, wildfire

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Schofield Properties is a family run property management company at 323 Richmond St, El Segundo, CA 90245. We have managed the South Bay since 1972 and personally oversee about 186 doors today. Book a call to talk about your property.