Cal. Civ. Code § 1941.2
California Civil Code
Operative Text
(a) No duty on the part of the landlord to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant is in substantial violation of any of the following affirmative obligations, provided the tenant’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s obligation under Section 1941 to effect the necessary repairs: (1) To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits. (2) To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner. (3) To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. (4) Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing. (5) To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such occupancies. (b) Paragraphs (1) and (2) of subdivision (a) shall not apply if the landlord has expressly agreed in writing to perform the act or acts mentioned therein.
Under Cal. Civ. Code § 1941.2, a landlord's duty to repair substandard conditions can be suspended when a tenant's own conduct substantially causes or worsens those conditions. The rule identifies specific tenant obligations—such as keeping the unit clean, properly disposing of waste, correctly using fixtures, preventing willful damage, and using spaces only for their intended purposes—that, if substantially violated, can shift responsibility away from the landlord. A written agreement in which the landlord takes on cleaning or waste-disposal duties overrides the first two obligations listed in the statute.
Plain English — not legal advice.
Under Cal. Civ. Code § 1941.2, compliant operators generally document conditions through move-in inspections and periodic records that distinguish tenant-caused deterioration from ordinary wear or pre-existing deficiencies. If a landlord has agreed in writing to handle cleaning or waste disposal, that agreement controls and the statutory carve-out for those obligations does not apply. Maintaining clear written records of any such agreements helps establish the scope of each party's responsibilities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1941.2 limits—but does not eliminate—a landlord's repair duties only when a tenant's conduct substantially causes or worsens the problem at issue. Tenants who believe a landlord is improperly withholding repairs by invoking this provision may raise that claim as a defense in an eviction or habitability proceeding, or file a complaint with a local rent board or housing agency where one exists. Tenant-rights organizations can help explain how this provision interacts with local habitability rules.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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