Zillow Rental Manager
January 14, 2025
4 Minute Read
If you have a rental property in an area that’s been affected by a disaster, you likely feel an increased responsibility to help those searching for a safe place to live. You may even be directly affected by the events yourself, and if so, there are resources available to help you.
What you might not realize, however, is that there are also legal responsibilities to be aware of when renting out your property during a declared state of emergency. These include complying with California’s anti-price gouging laws and eviction protections for tenants sheltering displaced fire survivors.
At Zillow Rentals, we aim to equip our California landlord partners with information and resources to navigate these requirements Below, we’ll explain what this means for you as a housing provider and how you can ensure you’re following the law while continuing to support your community. It’s important to note that failing to comply not only violates state law, it also goes against our platform’s policies, which require:
What is California’s Anti-Price Gouging Law?
California’s Penal Code Section 396 is designed to prevent price gouging during times of crisis by prohibiting excessive and unjustified price increases on essential goods and services, including rental housing, during and shortly after a declared state of emergency. This rule applies to goods and services that are considered vital to the health, safety, and welfare of the public, such as food, medical supplies, emergency services, and housing.
For rental housing specifically:
Violating this law can result in penalties including fines, jail time and additional civil liabilities.
Housing providers should also be aware that in addition to statewide price gouging rules, there may be other local emergency proclamations at the city or county level, which can apply to their property.
Are there any exceptions?
California law may allow a greater rent increase, but only if:
Without such justification, any rent increase above the statutory limits runs the risk of violating the law. If you’re unsure, it’s best to consult with a local attorney to ensure compliance and avoid potential penalties.
Eviction protections during the state of emergency
In addition to price gouging restrictions, landlords should be aware of new eviction protections announced under Governor Gavin Newsom’s executive order on Jan 17, 2025.
The order prohibits landlords from evicting tenants who violate their lease by letting people displaced by the Southern California wildfires stay with them. This protection does not apply to other lease violations, such as criminal activity or property damage.
These eviction protections are in place until March 8, 2025, and are intended to support recovery efforts and protect vulnerable renters during this challenging time.
What can I do to ensure legal requirements are followed after a disaster?
As a landlord, here’s how you can stay informed and compliant:
Resources for landlords and renters
For more information on California price gouging laws, you can visit the California Attorney General’s website. If you believe a violation has occurred, you can file a report online or contact local law enforcement.
Additionally, disaster assistance may be available to those affected. Visit www.DisasterAssistance.gov or call 1-800-621-3362 for support.
Disclaimer:
This blog post is provided for informational purposes only and is not intended as legal advice. Zillow does not guarantee the applicability of the information provided to your specific circumstances. For questions about your obligations under the law, we recommend consulting a qualified attorney or legal professional.
Create or manage your listings
Post your listing quickly and easily! Your listing will appear on Zillow, Trulia and Hotpads.
Create listingCreate or manage your listings
Post your listing quickly and easily! Your listing will appear on Zillow, Turulia and Hotpads.
Legal
Create listing