My primary residence (house, condominium, or apartment) was destroyed by the wildfires, and although I have been able to stay in shelters or with friends and family, I need to find temporary housing of my own. Can anyone help me find temporary housing and/or help pay for it?

Yes, one or more of several different programs or entities should be able to assist you in these circumstances.

First, various charitable organizations such as the Red Cross may be able to provide you with assistance. See “Other Resources” for charitable organization contact information.

Second, if you have homeowner’s or renter’s insurance, temporary housing may be covered by your policy. Talk to your insurance agent. Phone numbers for insurance carriers can be found by clicking here.

Third, FEMA provides tax-free grants to households that have been displaced from their primary residence as the result of a federally declared disaster, such as the wildfires, through its Rental Assistance program. These need-based grants enable homeowners and renters who are victims of disaster-related dislocation to obtain temporary replacement housing for one to three months (without recertification). To be eligible for Rental Assistance, you must be affected by one or more of the following conditions:

• your primary residence is destroyed or seriously damaged;
• you do not have utility service at your primary residence;
• your primary residence is a serious health or safety hazard;
• your primary residence is not accessible; or
• other disaster related circumstances prevent you from occupying your primary residence.

Only one application will be taken from each household, which FEMA generally considers to be all people living in one apartment or house. Click here for more information on the FEMA registration process and procedures, including deadlines for filing applications.

Aid also may be provided through a joint FEMA-State of California program, the Individuals & Households Program (IHP) or California’s State Supplemental Grant Program (SSGP). For more information about these programs see “State Programs."

My primary residence, which I own, was destroyed by the wildfires. Am I obligated to continue paying my mortgage, homeowners’ association fees, insurance, etc. on that residence? Does it make a difference if my residence only was damaged rather than destroyed?

Unless you obtain a forbearance agreement from your lender, you should still continue to pay your mortgage, regardless of whether your residence was destroyed or damaged. If (i) your residence has suffered substantial uncompensated disaster damage (40% or more of the original property value), (ii) you intend to repair the damage or rebuild, and (iii) you do not have sufficient credit available elsewhere to cover your mortgage payments, the SBA may be able to refinance all or part of your outstanding mortgage which might result in a reduced monthly mortgage payment.

With regard to homeowners’ association fees or insurance premiums, you should review the language of your association’s by-laws or the insurance policy. Generally, however, to the extent that you still have some property that might be covered by the insurance policy or affected by activities of the homeowner’s association, it likely is in your best interest to pay the amounts owed.

If my rental unit has been damaged or destroyed, what issues do I need to consider?

• Do you have a written lease?
• How badly is the rental unit damaged?
• Do you want to keep possession of the apartment, move out temporarily while the landlord makes repairs, or move out permanently?
• Is the unit rent-controlled or subsidized?

What if I have a written lease?

Your rights will be determined by the provisions of your lease (to the extent they are not superceded by California law). There is no “standard” form of lease, and the provisions that cover these matters can vary significantly, even for different leases in the same building. A professional will need to check the provisions of your lease carefully to answer these questions for your particular case. The following is only general information for tenants regarding premises damaged as a result of the California wildfires.

How do I assess the damage to my rental unit?

Under California law, landlords must maintain rental units in habitable condition. A residential tenant cannot be forced to waive his or her right to habitable premises. Unless you have a unique lease that you negotiated with your landlord, this information about habitability most likely applies to your rental unit. In order to be considered habitable, the rental units must substantially satisfy each of the following conditions:

• roof and exterior walls must be waterproof;
• windows and doors must be unbroken;
• plumbing and gas systems must be in good working order;
• hot and cold running water must be provided;
• sewage disposal systems must be operational;
• heating equipment must be in good working order;
• electrical lighting and wiring must be maintained in good working order; and
• floors, stairways and railings must be in kept in good repair.

By referring to the facilities conditions listed above, you can classify the damage to your rental unit according to the following chart. Please note that these categories only are guidelines to help you gauge the extent of damage to your rental unit.

Is the landlord obligated to rebuild the building or can the landlord terminate the lease?

The answer depends on the severity of the damage. In the event the premises are partially damaged or rendered partially untenable, the landlord is obligated to make all necessary repairs at its expense. If the building is so seriously damaged that the landlord decides to demolish or rebuild it, or in the event the rented premises are totally damaged or rendered wholly unusable, the landlord retains the right to terminate the lease and must provide written notice to the tenant.

If my rental unit is destroyed, is my lease terminated?

Under California law, a tenancy is terminated when the rental unit is destroyed, as long as a written lease does not provide otherwise. Thus, you should check your written lease, if you have one, for applicable provisions. If the tenancy is terminated, you:

• should give the landlord notice;
• do not have to pay rent or any future obligations;
• can move to other housing;
• should be able to receive your security deposit; and
• can access and remove any remaining personal property in the rental unit, if it is safe to do so.

If my rental unit is destroyed, how can I get my deposit back?

If your rental housing was destroyed by the wildfires, then you should write a letter to the landlord requesting that he or she return the deposit. In general, unless the landlord previously performed corrective repairs or services that were necessary due to a tenant’s misuse or abuse of the property, the deposit should be returned in full because the destruction of the property was wholly unrelated to the tenant’s actions. Of course, individual circumstances may vary.

If my rental unit is damaged, what can I do if I have a month to month lease and want to move permanently?

You can give a month’s notice to your landlord and then move. If the unit is substantially damaged, however, you may not need to give a month’s notice. In that case, see the guidelines below.

If my rental unit is damaged, do I have to pay rent if I have a year lease and I want to move out permanently?

Under California law, you may terminate your tenancy, and therefore not pay rent, if the unit is substantially damaged. If you want to terminate your tenancy, you should:

• check your lease for applicable provisions (see above);
• list the conditions of the unit;
• obtain FEMA inspection reports;
• request a local city building inspection and obtain a certified copy of the inspection report;
• photograph the damage and record date the picture was taken, who took the picture and the subject of the picture; and
• have the unit and/or building viewed by reliable witnesses and record the date they viewed the premises and what they saw.

Assuming that these efforts lead you to conclude that your unit is substantially damaged, you should then write a letter to your landlord, including copies of the documentation set forth above, state that the rental unit is not habitable, and that you consider the lease terminated. Make sure to sign and date the letter and keep a copy for your records. You then would be in a strong position to proceed as if the unit were destroyed, although your landlord may dispute that position.

Can I terminate my lease if my rental unit is materially damaged?

You must first notify the landlord of the repairs necessary and give the landlord a reasonable time to make the repairs. If the landlord does not make the repairs within a reasonable time, then you may be able to terminate the lease.

My primary residence was damaged during the wildfires. If I move out while repairs are being made, can I get any assistance in finding and paying for temporary housing?

Depending on the amount of damage, you may be eligible for assistance. Potential sources include charitable organizations, your insurance, and FEMA’s Rental Assistance program, discussed previously.

During the wildfires I was ordered to evacuate my primary residence. Instead of going to one of the local shelters, I rented a room in a motel. Can I obtain reimbursement for the money I spent on the motel room? What if my primary residence was neither damaged nor destroyed as a result of the wildfires?

You may be eligible for assistance from charitable organizations, your insurance or FEMA. FEMA’s assistance may take the form of its Transient Accommodation or Government Provided Temporary Housing programs.

The purpose of the Transient Accommodation program is to reimburse disaster victims for the cost of short term housing (for up to 30 days) that was incurred as a result of damage to the victim’s home or an enforced evacuation. If coverage is available, you will need to provide receipts for your transient accommodations. Additionally, in instances of widespread destruction or damage, if FEMA determines that there is no rental housing available in the local community due to the disaster, it may provide Government Provided Temporary Housing (e.g., modular/mobile homes) to disaster victims.