What Civil Code 1941.1 requires: a plain-English walk-through

By Tyler Vance, California attorney · Updated 2026-10-02 · 4 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

Civil Code section 1941.1 is the main list of what makes a California rental "untenantable." Under Civil Code section 1941, a landlord has to put a unit in a condition fit for living and repair later problems that make it untenantable. Here is each item in plain English. This is general information, not advice about your situation.

The key word: "substantially"

A unit is untenantable if it substantially lacks one of the listed items, or if it is substandard under Health and Safety Code section 17920.3 or has lead hazards under section 17920.10. In my experience, a minor defect usually isn't enough on its own. What matters is how serious the problem is and how long it has gone on.

The list, item by item

1. Weatherproofing. A roof and exterior walls that keep out water and weather, including unbroken windows and doors.
2. Plumbing and gas. Facilities that met the law when installed, kept in good working order.
3. Water. Hot and cold running water to the right fixtures, connected to an approved sewage system.
4. Heat. Heating that met the law when installed, kept in good working order.
5. Electrical. Lighting, wiring, and equipment that met the law when installed, kept in good working order.
6. Clean and pest-free. A building, grounds, and appurtenances that were clean, sanitary, and free of debris, garbage, rodents, and vermin when the lease began, with areas under the landlord's control kept that way.
7. Trash receptacles. Enough appropriate garbage and rubbish containers, clean and in good repair when the lease began, with the landlord responsible for the ones under the landlord's control after that.
8. Floors, stairs, and railings. Kept in good repair.
9. Mailboxes in residential hotels. A locking mail receptacle for each unit, as required by Health and Safety Code section 17958.3.
10. A working stove. A stove that is in good working order and can safely heat food for cooking. A recalled stove doesn't qualify.
11. A working refrigerator. A refrigerator in good working order that can safely store food. A recalled refrigerator doesn't qualify. A tenant can choose to supply their own if the lease includes the required statement and 30-day notice terms, but a landlord can't make that a condition of renting.

The 2026 stove and refrigerator rules

Items 10 and 11 were added by AB 628 and apply only to leases entered into, amended, or extended on or after January 1, 2026. They don't apply to permanent supportive housing, single-room occupancy units, residential hotel units, or units in housing with shared or communal kitchens. A landlord must repair or replace a recalled stove or refrigerator within 30 days after notice of the recall.

Things 1941.1 doesn't cover

Other statutes cover related items. For example, Civil Code section 1941.3 covers dead bolts, window security devices, and common-area door locks. Mold can be a substandard condition under section 17920.3, which I explain in my mold guide.

Your side, and waivers

Under Civil Code section 1941.2, the landlord's duty to repair may not arise if the tenant's substantial violation of their own obligations, like keeping the unit clean and using fixtures properly, contributes substantially to the problem. Civil Code section 1942.1 says a lease clause waiving these rights is generally void, though the parties can agree that the tenant will do certain repairs as part of the rent.

What to do if your unit falls short

I suggest documenting the problem, asking for the repair in writing, and asking code enforcement to inspect. Read what to do if your landlord won't fix it and the risks of withholding rent before you act. In habitability matters I represent tenants only, never slumlord landlords. I conflict-check the property address and party names first.

Have ready: Photos · Written repair ask · Landlord/PM name

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.