Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 20, 2026.

In a California rental, the owner is responsible for keeping the home habitable: the items listed in Civil Code § 1941.1, such as weatherproofing, plumbing, hot water, heat, electrical lighting and (for newer leases) a stove and refrigerator. The tenant must use the home properly under Civil Code § 1941.2 and must repair damage caused by their own lack of ordinary care under Civil Code § 1929. Everything else, from a dishwasher to the lawn, is mostly decided by the lease, within limits the law sets.

The short version

  • The owner keeps the § 1941.1 habitability items in working order. A lease cannot waive the tenant's rights as to untenantable conditions (Civil Code § 1942.1).
  • The tenant must keep their part of the home clean, dispose of garbage properly, use fixtures properly and not willfully or wantonly damage the unit (§ 1941.2).
  • "The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care" (§ 1929). Tenant-caused damage is the tenant's to fix or pay for.
  • Appliances beyond the stove and refrigerator, and yard work, are usually assigned by the lease.
  • A tenant may agree to repair or maintain all or part of the home as part of the rent deal (§ 1942.1). That has to be a real agreement, not a waiver buried in fine print.

The item-by-item table

"Lease" means no statute assigns the item, so the written agreement decides.

ItemOwner's dutyTenant's duty
Roof, exterior walls, windows and doors"Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors" (§ 1941.1(a)(1))Repair damage the tenant caused (§ 1929)
Plumbing and gasFacilities that conformed to law when installed, kept in good working order (§ 1941.1(a)(2))Properly use and operate gas and plumbing fixtures and keep them clean (§ 1941.2(a)(3))
Hot and cold waterA water supply that can produce hot and cold running water, connected to an approved sewage system (§ 1941.1(a)(3)); water heaters must be braced, anchored or strapped (Health and Safety Code § 19211)Report problems; do not damage the equipment
HeatHeating facilities that conformed to law when installed, kept in good working order (§ 1941.1(a)(4))Proper use
ElectricalLighting, wiring and equipment that conformed to law when installed, kept in good working order (§ 1941.1(a)(5)); at least one usable telephone jack and working inside phone wiring (§ 1941.4)Properly use electrical fixtures (§ 1941.2(a)(3))
Stove and refrigeratorFor a lease entered into, amended or extended on or after January 1, 2026, a working stove and refrigerator; a recalled unit must be repaired or replaced within 30 days of notice of the recall (§ 1941.1(a)(10), (a)(11), (c))Maintain their own refrigerator only if they chose the lease's opt-out checkbox (§ 1941.1(a)(11)(B))
Pests and verminBuilding and grounds clean and free of rodents and vermin at the start of the lease, and all areas under the landlord's control kept that way (§ 1941.1(a)(6))Keep the part of the home they occupy clean and sanitary (§ 1941.2(a)(1))
GarbageEnough clean receptacles at the start of the lease, then serviceable receptacles; keep those under the landlord's control clean (§ 1941.1(a)(7))Dispose of garbage cleanly (§ 1941.2(a)(2))
Floors, stairs and railingsKept in good repair (§ 1941.1(a)(8))Repair damage the tenant caused (§ 1929)
Smoke alarms and CO devicesOwner tests and maintains smoke alarms and makes sure they work when a new tenancy starts (H&S § 13113.7(d)(2)); owner maintains CO devices (H&S § 17926.1)Tell the owner about an alarm or device that does not work
LocksOperable deadbolt on each main swinging entry door and window locks on windows designed to open, with listed exceptions (§ 1941.3(a))Tell the owner about an inoperable lock (§ 1941.3(b))
Yard and brushGrounds clean at the start of the lease and areas under the landlord's control (§ 1941.1(a)(6)); otherwise leaseLease; wildfire clearance laws can name tenants too (see below)
Dishwasher, washer, dryer, disposal and other extrasLeaseLease; proper use (§ 1941.2(a)(3))
Damage the tenant, a guest or a pet causedNo statutory repair duty where § 1941.2 applies (see below)Repair under § 1929; deposit deductions only under § 1950.5

Lock exceptions are on the locks, keys and rekeying page; alarm rules are on the smoke and carbon monoxide alarms page.

When the tenant's conduct changes the answer

Section 1941.2 does more than list tenant duties. If the tenant is in substantial violation of one of those duties, and the violation substantially contributes to the problem or substantially interferes with the repair, the landlord's repair duty under §§ 1941 and 1942 does not arise. The tenant's duties are to:

  1. Keep the part of the premises they occupy and use clean and sanitary.
  2. Dispose of rubbish, garbage and other waste in a clean and sanitary manner.
  3. Properly use and operate electrical, gas and plumbing fixtures and keep them clean.
  4. Not willfully or wantonly destroy, deface, damage, impair or remove any part of the unit, or let anyone on the premises with their permission do so.
  5. Use rooms only for the living, sleeping, cooking or dining purposes they were designed for.

Duties 1 and 2 do not apply if the landlord expressly agreed in writing to perform them (§ 1941.2(b)). A tenant also cannot use repair and deduct for a condition they caused in violation of § 1929 or § 1941.2 (Civil Code § 1942(c)). The repair and deduct rules themselves are on the habitability and repairs page.

For records and charges, see documenting and billing tenant-caused damage and normal wear and tear vs damage.

What a lease can and cannot shift

Civil Code § 1941 says the landlord must keep the home fit "in the absence of an agreement to the contrary," but that phrase does not let a lease hand habitability to the tenant. Section 1942.1 makes any tenant agreement waiving or modifying rights under §§ 1941 or 1942 void "with respect to any condition which renders the premises untenantable," with two exceptions:

  • The landlord and tenant "may agree that the lessee shall undertake to improve, repair or maintain all or stipulated portions of the dwelling as part of the consideration for rental."
  • A written lease may provide for arbitration of untenantability disputes, with costs apportioned by the arbitrator.

Civil Code § 1953(a) also voids lease terms that waive a tenant's rights under the deposit statute (§ 1950.5) or the entry statute (§ 1954), or the landlord's legal duty of care to prevent personal injury or personal property damage.

A lease can still usefully assign yard or pool care, list the appliances that come with the home and who repairs each, and name how to report repairs. Spell out any repair-for-rent arrangement in detail.

The repairs and maintenance clause page covers drafting. For appliances, see appliances in California rentals.

Yard work and wildfire clearance

State defensible space law (Public Resources Code § 4291 and Government Code § 51182) applies to a person who "owns, leases, controls, operates, or maintains" the structure, so tenants are named as well as owners. In the City of San Diego, brush management under SDMC § 142.0412 is on the owner of the property with the native vegetation. No law allocates the work between landlord and tenant inside a lease, so put yard and brush duties in the lease in writing and ask counsel how to allocate them. See wildfire defensible space for San Diego County rentals.

For owners

Keep the habitability items working no matter what the lease says, and answer every repair request in writing (see handling maintenance requests). Use the move-in and move-out checklist to record condition. For coastal homes, salt air adds its own wear; see coastal maintenance for Coronado rentals.

For renters

Report problems promptly and keep a copy of each request; notice of an untenantable condition can be written or oral (§ 1942(a)). Read your lease for the items it assigns to you, and expect to repair or pay for damage your household causes (§ 1929).

Local rules

Cities and agencies in San Diego County can add rules on top of state law. Permits for repair work come from your city's building department (in the City of San Diego, the Development Services Department; in the unincorporated County, Planning & Development Services). Brush rules come from your city or fire agency, and water-use rules from the agency that sends your water bill.

Frequently asked questions

Does the landlord have to fix everything in a California rental?

No. The landlord must keep the § 1941.1 habitability items in working order and must not let a lease waive those rights (§ 1942.1). Damage caused by the tenant's lack of ordinary care is the tenant's to repair (§ 1929), and many extras, such as a washer or yard care, are assigned by the lease.

Can a lease make the tenant responsible for all repairs?

Only in a narrow way. Section 1942.1 lets a tenant agree to "improve, repair or maintain all or stipulated portions of the dwelling as part of the consideration for rental," but any waiver of rights as to untenantable conditions is otherwise void. Have a California attorney review a lease that shifts major repairs.

Who pays to fix a stove or refrigerator?

For a lease entered into, amended or extended on or after January 1, 2026, the landlord must provide and maintain both in good working order (§ 1941.1(a)(10), (11)). The one exception is a refrigerator the tenant chose to supply through the lease's opt-out statement; the landlord is not responsible for maintaining a tenant-owned refrigerator.

Who pays for pest control?

The landlord must deliver the building and grounds free of rodents and vermin at the start of the lease and keep areas under the landlord's control that way (§ 1941.1(a)(6)), and the tenant must keep their own area clean (§ 1941.2). The bed bug statutes do not say who pays for treatment. See bed bugs and pest control and ask counsel about a specific bill.

This is general information, not legal or tax advice. Rules change; confirm your situation with a California attorney, your local building or fire department, or a licensed professional.

McKee Properties manages rentals and runs an in-house maintenance division, Certified Property Maintenance; see maintenance services.

Sources

Verified October 19, 2026.

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