If the repair is yours to pay
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Repair-request & landlord/tenant forms (LawDepot)Templates for a notice to repair, security-deposit demand, and more.
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Default rule and exceptions
Under Civil Code 1941 the lessor of a building intended for human occupation must, absent an agreement to the contrary, put it into a fit condition and repair subsequent dilapidations that render it untenantable. Civil Code 1941.1 treats a dwelling as untenantable if it substantially lacks effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
| Party | What they are responsible for |
|---|---|
| Landlord (lessor) | Must repair dilapidations that render the dwelling untenantable, including lack of effective waterproofing and weather protection of the roof and exterior walls. |
| Exceptions | Civil Code 1941 applies in the absence of an agreement to the contrary. |
What the source says
Last verified against the primary source on Sep 30, 2026.
A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics
Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
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
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Common questions
Who pays for renter storm damage: roof leak repair in California, CA?
The landlord. Must repair dilapidations that render the dwelling untenantable, including lack of effective waterproofing and weather protection of the roof and exterior walls.
Are there exceptions in California, CA?
Civil Code 1941 applies in the absence of an agreement to the contrary.
What is this based on for California, CA?
This verdict is sourced to California Civil Code section 1941.1 and 3 sources in total, each independently re-checked before publication.
Sources
- California Civil Code section 1941.1statute · verified-primary · accessed 2026-09-30
- California Civil Code section 1941.1statute · verified-primary · accessed 2026-09-30
- California Civil Code section 1941statute · verified-primary · accessed 2026-09-30
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