# Who Fixes a Roof Leak in a California Rental? | Who Pays the Repair?

> California Civil Code 1941.1 treats a dwelling lacking effective waterproofing of the roof and exterior walls as untenantable; the landlord must repair.

**Who pays:** landlord

In California a rental that substantially lacks a weatherproof roof and exterior walls is untenantable, and the landlord must repair it.

**Boundary:** 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.

**Exceptions:** Civil Code 1941 applies in the absence of an agreement to the contrary.

## Sources
- [California Civil Code section 1941.1](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" (accessed 2026-09-30)
- [California Civil Code section 1941.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1941.1.) — "Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors." (accessed 2026-09-30)
- [California Civil Code section 1941](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" (accessed 2026-09-30)

_Last verified 2026-09-30. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/california-renter-storm-roof-leak-landlord-repair/ — every claim checked against a primary source before publication (see /methodology/)._