Legal Question in Real Estate Law in California

Rental property damaged by fire

A fire of undetermined origin in the garage caused a rental property of mine to become severly smoked damaged and it is uninhabitable until repaired and cleaned.

There are tenants on a month to month who were housed for 2 days by the Red Cross. My insurance company needs the property vacated for a least a month to do cleanup and repair.

What are my legal obligations to the tenants, besides pro-rating the rent from the time the property became uninhabitable and refunding it to them? I would prefer they not move back in after repairs. Is there a form I need to use? Help!!!


Asked on 9/10/02, 7:44 pm

1 Answer from Attorneys
Martin Snitow

Re: Rental property damaged by fire

Civil Code �1933(4) provides that a lease for a fixed term (not month-to-month) terminates when the property is destroyed. A periodic tenancy (month-to-month) terminates when notice is given. Civil Code �1946. So give a 30-day notice to terminate the tenancy.

Don't forget to account for and refund any unused deposit to the tenant within 3 weeks after termination of the tenancy.

Special rules may apply in rent control jurisdictions. If your property is subject to rent control, see a lawyer.

Read more
Answered on 9/11/02, 1:48 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California