What California Law Requires of Landlords When It Comes to Windows

Windows touch more of California landlord-tenant law than most parts of a building. They are part of weather protection, security, ventilation and light, and in an older building they are a lead paint issue. A landlord who understands the four or five statutes involved can plan window work so it reduces liability.

This page is part of our California window guide. It is general information, not legal advice. Local rent ordinances and housing codes can add requirements, so check your city's rules and talk to an attorney about a specific dispute.

Habitability: Civil Code section 1941.1

Section 1941.1 lists the characteristics a rental dwelling must have to be tenantable. A dwelling is deemed untenantable if it "substantially lacks" any of them. The first item on the list reads:

"Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors."

That sentence sets two duties.

• Unbroken. Cracked or broken glass has to be repaired. Who ends up paying can depend on who caused the damage, under the lease and other sections of the Civil Code, but the window still has to be fixed.
• Effective weather protection. A window that lets water into the wall, or will not close, fails the standard even if the glass is whole.

The same section deems a dwelling untenantable if it is a unit described in Health and Safety Code section 17920.3 or 17920.10, which brings in the substandard housing and lead hazard rules below.

The statute does not require a window to be efficient, modern or dual pane. A fogged insulated unit is a nuisance to the tenant, but it is not a breach of this section while it still keeps weather out. See why windows fog between the panes for what a failed seal does and does not mean.

Substandard housing: Health and Safety Code section 17920.3

Section 17920.3 is the State Housing Law's list of conditions that make a building substandard when they endanger occupants or the public. Code enforcement officers work from this list. The entries that involve windows:

• Faulty weather protection, subdivision (g), which includes "deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors".
• Lack of minimum amounts of natural light and ventilation required by the code, subdivision (a)(8). Painting a bedroom window shut or boarding it over can create this condition.
• Dampness of habitable rooms, subdivision (a)(11).
• Visible mold growth, subdivision (a)(13), as determined by a health officer or code enforcement officer. The statute excludes minor mold on surfaces that collect moisture as part of their normal use.

Leaking windows are a common route to the last two. Water that gets past failed flashing or a rotted sill wets the framing and the drywall below. By the time a tenant reports mold, the repair is larger than the window. Our guide to condensation on the inside of windows helps separate condensation from a leak.

Window locks: Civil Code section 1941.3

Since 1 July 1998, section 1941.3(a)(2) has required a landlord to "install and maintain operable window security or locking devices for windows that are designed to be opened."

Three kinds of window are excluded:

• louvered windows;
• casement windows; and
• windows more than 12 feet vertically or 6 feet horizontally from the ground, a roof, or any other platform.

The same section requires a dead bolt on each main swinging entry door of a unit, and locking mechanisms on exterior doors to common areas in multifamily buildings.

The tenant has a duty too

Under section 1941.3(b), the tenant must notify the owner or agent when the tenant becomes aware of an inoperable window security or locking device. The landlord is not liable for a violation unless the landlord fails to correct it within a reasonable time after knowing of the deficiency or receiving notice.

The practical lesson for a landlord is to take lock complaints in writing, date them, and fix them quickly. Sash locks on older aluminum sliders and single-hung windows wear out, and a replacement lock is one of the cheapest repairs in the building.

Remedies and exemptions

Section 1941.3(c) lets a tenant use the repair-and-deduct remedy, sue for breach, or seek an injunction, and raise the violation as a defense in an unlawful detainer action for nonpayment. The section does not apply to buildings designated historically significant by a local, state or federal authority, and it does not stop a city or county from requiring more.

Security bars are a different subject with their own rules on release mechanisms for bedroom windows. Our page on window security in California covers locks, glass and bars in more depth.

What a tenant can do if you do not repair

Under Civil Code section 1942, if a landlord does not repair a condition that makes the dwelling untenantable within a reasonable time after written or oral notice, the tenant may:

• repair it and deduct the cost from rent, where the cost is not more than one month's rent; or
• vacate, and be released from further rent.

The repair-and-deduct remedy can be used no more than twice in any 12-month period. If the tenant acts after the 30th day following notice, that is presumed to have been a reasonable time. The presumption can be rebutted, and the statute says a shorter period may be reasonable if the circumstances require it. A broken ground-floor window in winter is that kind of circumstance.

Entering the unit: Civil Code section 1954

Window replacement means entering every unit, usually more than once. Section 1954 controls how.

• Purpose. A landlord may enter to make "necessary or agreed repairs, decorations, alterations or improvements". Window repair and replacement qualify.
• Written notice. The landlord must give reasonable notice in writing of the intent to enter, including the date, approximate time and purpose.
• How much notice. Twenty-four hours is presumed reasonable when the notice is delivered personally, left with a suitable person at the unit, or left at the unit where the tenant is likely to find it. If the notice is mailed, six days before the intended entry is presumed reasonable.
• Hours. Entry must be during normal business hours unless the tenant consents at the time, or it is an emergency.
• By agreement. The landlord and tenant may agree orally to an entry for agreed repairs. The agreement must include the date and approximate time, and the entry must be within one week of the agreement.
• No harassment. The landlord may not abuse the right of access or use it to harass the tenant.

Notice for a real project

The statute sets a floor. A building-wide window replacement needs more than a 24-hour slip under the door. What works:

1. A general letter weeks ahead explaining the project, the contractor, and roughly when each building or stack will be done.
2. A unit-specific written notice with the date and a time window, delivered well beyond the minimum.
3. Instructions on what to move. Installers need clear space at each window, and blinds and curtains usually come down.
4. A second notice if the schedule slips, which it can when weather or a delivery intervenes.
5. Separate notice for any return visit for punch-list work or inspection.

Retrofit installation is usually faster per unit and less disruptive inside than full-frame replacement, which matters in occupied buildings. See retrofit versus new-construction installation.

Lead: the pre-1978 rules

If the building was built before 1978, lead law applies in three ways.

Disclosure at leasing

The federal Lead-Based Paint Disclosure Rule covers most pre-1978 housing. Before a lease is signed, a landlord must disclose known lead-based paint and hazards, provide any available records and reports, give the tenant EPA's pamphlet "Protect Your Family From Lead in Your Home", and include a lead warning statement in or attached to the lease. EPA says signed disclosures must be kept for three years from the start of the lease. There are exemptions, including leases of 100 days or less and zero-bedroom units.

Lead-safe work when windows are replaced

EPA's Renovation, Repair and Painting rule (40 CFR Part 745, Subpart E) covers paid renovation in pre-1978 housing, and EPA says it reaches in-house maintenance staff as well as outside contractors. Window replacement is expressly outside the "minor repair and maintenance" exemption, so there is no small-job exception for it.

For a landlord, that means:

• the firm doing the work must be lead-safe certified, with a certified renovator assigned to the job;
• the Renovate Right pamphlet must go to the owner and to an adult occupant of each unit no more than 60 days before work begins, with a signed acknowledgment or a record of delivery;
• the work area must be contained and cleaned to the rule's standard, and the cleaning verified.

Our page on lead paint and window replacement in pre-1978 homes goes through the work practices, and lead-safe exterior work on pre-1978 homes covers the siding side.

Lead hazards as a housing violation

Under Health and Safety Code section 17920.10, a building is in violation as to any portion that contains lead hazards likely to endanger occupants. The definition includes deteriorated lead-based paint, lead-contaminated dust, and disturbing lead-based paint without containment. Old painted windows that are peeling or that shed dust when they are opened are one of the usual places a hazard is found. Section 1941.1 makes such a unit untenantable.

When you replace: codes and permits

Nothing above obliges you to replace sound windows. When you do replace them, the building codes apply to the new ones.

• Energy code. Replacement windows must meet the 2025 Energy Code figures for your climate zone. See Title 24 compliance for multifamily window replacement, or the single-family version for a rental house.
• Egress. Bedroom windows that serve as emergency escape openings must keep doing so. A smaller frame or a different operating style can reduce the clear opening.
• Safety glazing. Glass near doors, in bathrooms and close to the floor has tempered or laminated requirements. See California requirements for tempered glass.
• Locks. New windows come with locks. Check that every operable window you are responsible for under section 1941.3 has one that works on the day the crew leaves.
• Permit. Window replacement generally needs a permit. See permits for retrofit windows in California.

From 1 January 2027, new Government Code section 65850.73 (added by SB 908) requires cities and counties to approve same-size, same-location residential window replacement projects administratively, without discretionary review or a hearing. It applies to multifamily as well as single-family buildings. Buildings on the California Register of Historical Resources and most locally designated historic buildings are excluded, and the building permit itself is still required.

A window checklist for rental owners

• Walk every unit at turnover and check each window for cracked glass, operation, a working lock, and signs of water at the sill.
• Log tenant window complaints with dates, and the date of repair.
• Keep sash locks and rollers in stock for the window types you have.
• For pre-1978 buildings, know which windows still have original painted frames, and use lead-safe certified firms.
• Plan replacement by building or by elevation, starting with the weather side, and budget from your reserve study.
• Write the tenant notice schedule before you sign the installation contract, and share it with the contractor.

For how we work with owners and managers on occupied buildings, see our property managers page.

Sources

• Civil Code section 1941.1 (tenantability standards)
• Health and Safety Code section 17920.3 (substandard buildings) and section 17920.10 (lead hazards)
• Civil Code section 1941.3 (dead bolts and window locking devices)
• Civil Code section 1942 (repair and deduct)
• Civil Code section 1954 (landlord entry)
• EPA: real estate disclosures about potential lead hazards
• EPA: Lead Renovation, Repair and Painting Program rules and 40 CFR Part 745, Subpart E
• Senate Bill 908 (Chapter 787, Statutes of 2026)

Working with Heritage Exteriors

We replace windows in occupied apartment buildings and rental houses, and we plan the work by unit so you can give tenants proper written notice with real dates. Tell us about any unit with a window that does not lock so it can be dealt with in the same visit. Licensed in California, CSLB #1055919. Call (916) 546-2991.