Evacuated From Wildfire, Landlord Still Collecting Rent.

Hi All-

Wanted to try and find a clarification on something, as my specific scenario seems to not be covered in my research. I am currently on a month-to-month lease in California, specifically unincorporated LA county.

I am displaced from the recent wildfires in LA County. While I believe my rental unit is still intact, but I cannot say for sure. I am under a mandatory evacuation order and unable to return to my residence due to police and National guard presence. According to authorities, the area has unsafe air quality, risk of additional fires, no running water, no power, toxic ash, gas leaks, no gas service, live downed electrical cables. There is a 100% chance that the unit was in someway affected by smoke and toxic ash (but I can't say if it was damaged yet).

In terms of "Implied Warranty of Habitability”, it is my understanding that my landlord is incapable of providing me service based on these conditions. Not their fault. However, they are still collecting rent and refusing to entertain a refund, telling me to contact my rental insurance instead (which I do have). I have good standing with this landlord and no delinquent rent. In fact, the paid rent is the issue. I am trying to receive a pro-rated refund, paying for the days I normally occupied the unit while being refunded for the rest of the month. As far as I know, landlords should have insurance for this very scenario.

I assume this is similar to a movie theater selling tickets while there is no electricity, or a burger joint selling burgers it cannot safely prepare. My landlord simply cannot provide me with the service of a habitable residence, and as such should not be collecting rent.

Is what they are doing illegal? If so, what are the options? Does it depend on the unit being damaged or not? I'm assuming they are simply challenging me to sue them. Not trying to be vindictive, but this seems unfair.

Any suggestions?