Most repair disputes come down to two questions: is this the landlord's job to fix, and did the tenant cause it? California law answers both, and good records settle the rest.
What the landlord must fix
The landlord must keep the home fit to live in (Civil Code 1941 and 1941.1). That covers weatherproofing, plumbing and gas, hot and cold water, heat, electrical systems, a clean building free of pests and trash, safe floors and stairs, working locks, smoke and carbon monoxide alarms, and, for leases from January 1, 2026, a working stove and refrigerator. Serious mold and pest problems count too.
Repairs should happen within a reasonable time. For problems that threaten health or safety, like no heat in winter, a gas leak, no water or a broken lock, that means right away.
What the tenant must do
Under Civil Code 1941.2, the tenant must:
- Keep their part of the home clean and sanitary, and dispose of trash properly
- Use gas, electrical and plumbing fixtures properly, and keep them as clean as their condition allows
- Not damage the home, or let anyone else do so
- Use rooms only for their intended purpose
If the tenant or their guests caused the problem, such as a clogged toilet from improper use, a broken window or a hole in the wall, the tenant can be charged for the repair. A tenant who breaks these duties also loses the right to use repair and deduct for that problem.
Track every repair request
Tenants send requests with photos from their portal, you get an email right away, and every request is tracked to resolved.
See maintenance →How repair requests should work
- The tenant reports it in writing, with photos, as soon as they notice it.
- The landlord responds and schedules the repair, giving 24 hours' written notice to enter, unless it's an emergency (Civil Code 1954).
- Both keep records: the request, replies, invoices and before-and-after photos.
A shared request log, where every message and photo is dated, prevents most arguments about who said what and when.
If the landlord doesn't repair
- Repair and deduct. After written notice and a reasonable time (30 days is presumed reasonable, less for emergencies), a tenant may pay for a habitability repair and deduct the cost from rent, up to one month's rent, no more than twice in 12 months (Civil Code 1942).
- Other remedies. Tenants may also report to local code enforcement, and in court, serious habitability problems can reduce the rent owed.
- No retaliation. A landlord can't raise rent, cut services or evict to punish a repair complaint (Civil Code 1942.5).
Normal wear and tear versus damage
| Normal wear and tear (landlord's cost) | Damage (tenant's cost) |
|---|---|
| Faded or lightly scuffed paint | Large holes, crayon or unapproved paint colors |
| Carpet worn along walkways | Burns, pet stains, tears |
| A few small nail holes | Broken doors, windows or blinds |
| Loose door handles from normal use | Missing fixtures or appliances damaged by misuse |
| Minor grout wear in a shower | Water damage from ignored or hidden leaks |
Charging for damage
A landlord can bill the tenant during the tenancy or deduct the cost from the deposit at move-out. Deductions need an itemized statement within 21 days, with receipts or invoices for work over $125, and photos taken at move-in and at move-out before and after the repairs (Civil Code 1950.5). See our deposit guide for the details.
Run inspections in EC Rental
Room-by-room move-in and move-out inspections with dated photos, side-by-side comparison and a printable report.
See inspections →Last checked October 2026. This guide is general information, not legal advice. Laws change and local rules can be stricter, so check the current law or ask a California landlord-tenant attorney before acting.