A San Diego Fire Department representative confirmed that there was no structural damages reported in the Bernardo or Gilman fires, but one apartment unit was destroyed in the Friars Fire last week.
According to a Redfin study, nearly half of San Diegans rent their homes. If you rent, Gilberto Vera with Legal Aid Society of San Diego says the first thing a renter should do if their home is affected by a natural disaster is contact their landlord.
"Checking in with just the fire department and local code enforcement on whether it's safe to even go back into the property, depending on the extent of the damage, would be a very good first step," Vera said.
If a renter’s home is uninhabitable due to a wildfire, Vera explains under contract law the lease agreement no longer exists.
"That means that the contract is automatically terminated because the property is completely destroyed. That would relieve the tenant of their responsibility to pay rent, and the landlord of the responsibility to provide the housing," Vera said.
He says this means a landlord is not responsible for rehoming you, but you are entitled to a prorated amount of rent and security deposit.
"Which should be returned to them, in full, except maybe if they owe any unpaid rent or fees from a prior period. But the landlord should not retain any of the security deposit for any damages caused by the fire," Vera continued, "And if they retain any amount, they have to provide receipts and and for and details itemization of for why are they what what why are they retaining this amount of what was it for. And that needs to be done within 21 days of you moving out."
Vera says if your home is partially damaged, but is still livable, a landlord cannot raise your rent if you're locked into a term lease.
However, if you’re paying month to month Vera said, "Your landlord could increase your rent with what we refer to as a 30 day notice, you know, depending on the amount of the rent increase, if it's over 10%, you have to give you 90 days. If it's 10% or less, it's 30 days."
Within those time frames you can legally break your contract and move.
If nonessential parts of your rental property — like your porch — are damaged, Vera says you cannot legally break your lease, but you may have other options.
"You might have an argument to say that there should be some deduction of the rent until that space is built back again, depending on what it is," Vera said.
He says you may have a case if the landlord failed to maintain the property.
"Let's say that there's overgrown vegetation surrounding the home that essentially provided extra fuel to the fire that caused the property to burn down," Vera went on to say, "Maybe it was a large property that should have sprinklers and the sprinkler system wasn't functioning. So I'm going to say like very — again — very lawyer answer. It depends on a few things."
According to Vera, a renter should also contact a lawyer in the following scenarios.
"Let's say that the property is partially damaged and the landlord's not refusing to make the repairs or provide the alternative housing," Vera said.
"Or maybe the landlords trying to just terminate the tenancy, like let's say that's only partially damaged and the landlord saying, 'I know you're in the middle of your six month lease, but I'm going to try to — I'm terminating the lease because I need to make those repairs. That would also be unlawful,'" Vera said.
If amenities in the rental property are destroyed, like a pool or gym, Vera says to speak with the landlord or property manager.
"Continue to pay a rent and then you can sue the landlord to recover what you believe the rent should be or at least the difference in rent should be because of the damages or to the property," Vera said.
Renters with Section 8 vouchers should let their Section 8 worker know their home has been destroyed by fire.
"So that they could stop payments and also they can give you a packet that allows it to try moving and find a new place to live within that time like that," Vera said.
Vera says temporary housing and moving expenses are not covered for those with Section 8 vouchers.
California Department of Insurance Deputy Commissioner Tony Cignarale says if your personal property is even partially damaged due to wildfire, then you should file a claim with your renters insurance company.
"Let them come in and take a look, evaluate, you know, whether there's a claim here for remediation, you know, to a larger degree," Cignarale said.
Cignarale says most renters’ insurance coverage applies to personal property, but it also may cover other expenses.
"It will pay for additional living expenses to relocate you, temporary living, for a certain period of time. It could be, in some cases, until the property is rebuilt," Cignarale said.
Renters with any legal questions about their homes being destroyed by wildfire can reach out to Legal Aid Society of San Diego.
