California · Rental / Landlord-Tenant Repair

California Renters: Who Pays for Repairs? (Landlord vs Tenant)

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Who pays?
The landlord pays

In California, the landlord must keep a rental unit fit to live in and repair habitability problems under Civil Code Section 1941/1941.1; if they don't after notice, the tenant may repair and deduct up to one month's rent or move out under Section 1942.

High confidence · Verified Sep 13, 2026 · 3 sources

Exception
  • Landlord's repair duty does not extend to dilapidations described in Civil Code Section 1929 (e.g., conditions the tenant is responsible for).
What to do next

What to do next

  1. Put the repair request in writing

    Send it to the landlord, date it, and keep a copy.

Work through the full repair checklist

If the repair is yours to pay

Get more than one quote before you agree to a price, and ask the contractor to confirm where the property line and the public side begin.

Repair-request & landlord/tenant forms (LawDepot)

Templates for a notice to repair, security-deposit demand, and more.

Partner link. Who Pays the Repair? may earn a commission if you request a quote or sign up, at no cost to you. It never changes who we say pays.

Responsibility Boundary

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.

PartyWhat they are responsible for
LandlordPut the unit into a condition fit for occupation and repair subsequent dilapidations that render it untenantable (Civ. Code Section 1941/1941.1).
TenantGive 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).
ExceptionsLandlord'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.
Civil Code Section 1941 (landlord's duty to repair), checked Sep 13, 2026
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.
Civil Code Section 1941.1 (untenantable conditions define the standard), checked Sep 13, 2026
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.
Civil Code Section 1942 (tenant repair-and-deduct / vacate remedy), checked Sep 13, 2026

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

  1. Civil Code Section 1941 (landlord's duty to repair)statute · verified-primary · accessed 2026-09-13
  2. Civil Code Section 1941.1 (untenantable conditions define the standard)statute · verified-primary · accessed 2026-09-13
  3. Civil Code Section 1942 (tenant repair-and-deduct / vacate remedy)statute · verified-primary · accessed 2026-09-13
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