If the repair is yours to pay
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Default rule and exceptions
California landlords must put and keep a rental unit fit for human occupation and repair subsequent dilapidations that make it untenantable, under Civil Code Section 1941 and Section 1941.1.
| Party | What they are responsible for |
|---|---|
| Landlord | Put the unit into a condition fit for occupation and repair subsequent dilapidations that render it untenantable (Civ. Code Section 1941/1941.1). |
| Tenant | Give notice of needed repairs; if the landlord fails to act, may repair the defect and deduct up to one month's rent, or vacate and stop paying rent (Civ. Code Section 1942). |
| Exceptions | Landlord's repair duty does not extend to dilapidations described in Civil Code Section 1929 (e.g., conditions the tenant is responsible for). |
What the source says
Last verified against the primary source on Sep 13, 2026.
The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty-nine.
A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code.
tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises.
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Common questions
Who pays for rental / landlord-tenant repair in Statewide, CA?
The landlord. Put the unit into a condition fit for occupation and repair subsequent dilapidations that render it untenantable (Civ. Code Section 1941/1941.1).
Are there exceptions in Statewide, CA?
Landlord's repair duty does not extend to dilapidations described in Civil Code Section 1929 (e.g., conditions the tenant is responsible for).
What is this based on for Statewide, CA?
This verdict is sourced to Civil Code Section 1941 (landlord's duty to repair) and 3 sources in total, each independently re-checked before publication.
Sources
- Civil Code Section 1941 (landlord's duty to repair)statute · verified-primary · accessed 2026-09-13
- Civil Code Section 1941.1 (untenantable conditions define the standard)statute · verified-primary · accessed 2026-09-13
- Civil Code Section 1942 (tenant repair-and-deduct / vacate remedy)statute · verified-primary · accessed 2026-09-13
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