Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · California · Civil Code

§ 1941.8

406 words·~2 min read·/ca/civil-code/1941-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.