Civil Code - CIV - CIV § 1941.8

Summary

(a) Subject to subdivision (e), for any structure intended for human habitation, it shall be the duty of a landlord to undertake one or both of the following actions as may be necessary to remediate any dilapidations that arise as a result of a disaster: (1) Removal of debris cau

Text

(a)
Subject to subdivision (e), for any structure intended for human habitation, it shall be the duty of a landlord to undertake one or both of the following actions as may be necessary to remediate any dilapidations that arise as a result of a disaster:
(1)
Removal of debris caused by the disaster.
(2)
Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.
(b)
Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at
a rental unit shall be presumed to render the
rental unit untenantable pursuant to Section 1941.1.
(c)
The landlord shall comply with subdivision (a) within a reasonable time after the property sustains damage, and shall follow any and all cleaning protocols issued by government officials, including contracting with licensed
remediation companies where required. If the tenant has provided the landlord with a postal or email address, the landlord shall notify the tenant in writing that the landlord has complied with subdivision (a) and that the tenant may view and, if
requested, obtain copies of any environmental studies, testing, or reports conducted.
(d)
Unless
lawfully terminated by either party, the tenancy shall remain in effect and the tenant shall have the right to return to the rental unit at the same rental rate in effect immediately prior to the disaster as soon as it is safe and practicable.
(e)
Nothing in this section shall require a landlord to rebuild a residential rental property or any portion thereof that has sustained damage as a result of a disaster.
(f)
The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.
(g)
Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord.
(h)
For purposes of this section, “disaster” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of
emergency has been declared by the President of the United States or the Governor.

Retrieval chunks

• #1 | Civil Code - CIV - CIV § 1941.8

  (a) Subject to subdivision (e), for any structure intended for human habitation, it shall be the duty of a landlord to undertake one or both of the following actions as may be necessary to remediate any dilapidations that arise as a result of a disaster: (1) Removal of debris caused by the disaster. (2) Mitigatio…

• #2

  emergency has been declared by the President of the United States or the Governor.