Cal. Civ. Code § 1941.9
California Civil Code
Operative Text
(a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination. (2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring. (3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable: (A) The date that the tenant informs the landlord or the landlord’s agent of the tenant’s intent to terminate the hiring pursuant to paragraph (2) of Section 1932. (B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933. (b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 1941.8, the tenant’s obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next month’s rent.
Cal. Civ. Code § 1941.9 addresses two disaster-related scenarios: when a rental agreement is terminated because a unit becomes uninhabitable or is destroyed, the landlord must return any prepaid rent covering the period after termination within 21 days, sent to an address the tenant provides or, if none is given, to the unit itself. Separately, when a mandatory evacuation order forces a tenant out during a declared disaster, the tenant's rent obligation is suspended for the evacuation period, and any rent already paid for that time must be refunded within 10 calendar days after the order is lifted—or the tenant may deduct it from the following month's rent.
Plain English — not legal advice.
Under Cal. Civ. Code § 1941.9, compliant operators track the precise termination or evacuation dates that trigger refund obligations and maintain records of any forwarding address a tenant provides. When a unit is terminated due to uninhabitability or destruction, operators generally issue refunds of prepaid rent within the 21-day window to the correct address. When an evacuation order is lifted, operators typically process refunds of rent covering the evacuation period within the 10-calendar-day deadline or account for any tenant deduction from the next month's rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1941.9 gives tenants the right to recover prepaid rent when a lease ends because of an uninhabitable condition or property destruction, with the refund due within 21 days of termination. During a mandatory disaster evacuation, rent is not owed for the period you are displaced, and any rent already paid for that period must be returned within 10 days of the order being lifted—or you may deduct it from the next month's rent. Tenants who believe a landlord has not complied may consider contacting a local tenant-rights organization or consulting an attorney to understand available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation