# California Renters: Who Pays for Repairs? (Landlord vs Tenant) | Who Pays the Repair?

> California law requires landlords to keep rentals habitable and repair problems under Civil Code Section 1941. See tenant remedies if they don't.

**Who pays:** landlord

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.

**Boundary:** 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.

**Exceptions:** Landlord's repair duty does not extend to dilapidations described in Civil Code Section 1929 (e.g., conditions the tenant is responsible for).

## Sources
- [Civil Code Section 1941 (landlord's duty to repair)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1941.) — "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." (accessed 2026-09-13)
- [Civil Code Section 1941.1 (untenantable conditions define the standard)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1941.1.) — "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." (accessed 2026-09-13)
- [Civil Code Section 1942 (tenant repair-and-deduct / vacate remedy)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1942.) — "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." (accessed 2026-09-13)

_Last verified 2026-09-13. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/california-landlord-tenant-repair-responsibility/ — every claim checked against a primary source before publication (see /methodology/)._