Updated August 2026. AB 628 took effect January 1, 2026. The statute has not been amended since. This update adds enforcement guidance published after the effective date.
California has introduced a significant update to tenant rights with Assembly Bill 628 (AB 628), which amends Civil Code § 1941.1.Â
The law adds a working stove and a refrigerator to California’s habitability standards. A rental unit may be deemed untenantable if it lacks a stove capable of safely cooking food or a refrigerator capable of safely storing food. The requirement attaches to leases entered into, amended, or extended on or after January 1, 2026.
When the Law Takes Effect (and Which Leases It Applies To)
AB 628 applies to any lease or rental agreement entered into, amended, or extended on or after January 1, 2026 (Civil Code § 1941.1(a)(10)–(11)). The lease action is the trigger, not the age of the tenancy or the date the unit was built.
- New leases signed on or after January 1, 2026. Both appliances must be in place from the start of the tenancy.
- Existing fixed-term leases signed before 2026. The prior habitability rules apply until that lease ends, or until it is amended or extended.
- Month-to-month tenancies. A tenancy that simply carries over from 2025 with no change to its terms is not automatically covered on January 1. Coverage begins the first time the terms change.
What Counts as Amending or Extending a Lease
The statute does not list which actions qualify. Guidance published by California rental housing associations after the effective date treats ordinary changes to an ongoing tenancy as triggering events. The Apartment Association of Orange County states that month-to-month tenancies are not automatically affected on January 1, 2026, but that any change of terms after that date may trigger compliance.
In practice, the actions most likely to trigger AB 628 on a month-to-month tenancy are:
- A rent increase
- A pet addendum
- A change to parking, storage, or utility arrangements
- Any signed change-of-terms notice
Because the statute leaves “amended or extended” undefined, unit-by-unit parsing carries risk. The lower-risk operating posture is to bring the portfolio into compliance ahead of renewal season rather than determine coverage after a complaint arrives.
Who’s Affected by AB 628?
AB 628 affects most standard residential rental relationships in California, including both property owners and tenants.
- Landlords/property owners: The ultimate legal responsibility lies with the property owner (landlord). Property management companies may handle operations, but the owner remains liable
- Tenants in most standard residential rentals, such as apartments, and other long-term dwelling units, subject to the statute’s exemptions
Stove and Refrigerator Requirements
No specific appliance standards are prescribed beyond the requirement that the stove and refrigerator be maintained in good working order and capable of safe use.
- Stove: Must be maintained in good working order and capable of safely generating heat for cooking
- Refrigerator: Must be maintained in good working order and capable of safely storing food
If either appliance is subject to a manufacturer or public entity recall, the landlord must repair or replace it within 30 days of receiving notice.
Four Things AB 628 Does Not Say
Several claims circulating in 2026 compliance coverage are not in the statute. Each of the following is absent from the text of Civil Code § 1941.1 as amended:
- No temperature threshold. The statute requires a refrigerator “maintained in good working order and capable of safely storing food.” It does not specify 40°F or any other figure.
- No appliance age limit. Appliances must work and be safe. The statute sets no purchase-date or age requirement, and does not require new units.
- No freezer requirement. The statute addresses refrigeration for safe food storage and does not separately mandate a freezer compartment.
- No rent provisions. AB 628 contains nothing about rent. Any increase intended to offset appliance costs remains governed by AB 1482 and applicable local rent ordinances.
The Obligation Continues for the Length of the Tenancy
AB 628 sets an ongoing habitability standard. Once a landlord supplies a stove or refrigerator, the appliance is landlord-supplied for the duration of the tenancy, and the landlord carries responsibility for repair or replacement arising from normal use (Apartment Association of Orange County).
This is where the long-term cost sits. Installing appliances is a one-time capital line. Keeping them working across a portfolio is a recurring maintenance obligation with a legal standard attached to it.
The operational change is response time. Before AB 628, a refrigerator that failed on a Friday night in a covered unit was a service call. Under the amended statute it is a potential habitability matter, and the remedies available to a tenant for unresolved habitability defects include repair-and-deduct under Civil Code § 1942 and rent withholding.
When Tenants Can (and Can’t) Provide Their Own Appliances
- Stove: Tenants cannot be required or agree to provide their own stove. The landlord is always 100% responsible for supplying and maintaining a working stove
- Refrigerator: A landlord and tenant may mutually agree, at the time the lease is signed, that the tenant will provide and maintain their own refrigerator. The lease must include the disclosure language required by statute and allow the tenant to revoke the agreement with 30 days’ written notice, after which the landlord must provide a refrigerator in good working order. A landlord may not condition tenancy on a tenant providing their own refrigerator and is not responsible for maintaining a refrigerator supplied by the tenant
What if The Tenant Already Bought a Stove and/ or Refrigerator?
AB 628 does not distinguish between appliances provided by a landlord and appliances already owned by a tenant. When the stove and refrigerator requirements apply to a tenancy, the dwelling must meet the habitability standards set out in Civil Code § 1941.1.
Whether a tenant may continue using their own appliance depends on the rules described above, there is no tenant option for stoves, and tenant-provided refrigerators are allowed only if the statutory agreement requirements are met.
If a dwelling substantially lacks a required appliance after the statute applies, it may be deemed untenantable under Civil Code § 1941.1.
Exemptions (When the Law Does Not Apply)
The law does not apply to:
- Permanent supportive housing (as defined in Government Code § 8698.4)
- Single-room occupancy (SRO) units that provide living and sleeping space for the exclusive use of the occupant, including units where occupants share food preparation facilities
- Units in residential hotels
- Dwelling units in facilities with shared/communal kitchens (e.g., some assisted living facilities)
Outside of these listed categories, the requirements apply to residential rental units covered by Civil Code § 1941.1.
Penalties and Enforcement
AB 628 does not create new standalone fines or penalties. It amends Civil Code § 1941.1 to add a stove and refrigerator to the list of conditions that may render a dwelling untenantable if substantially lacking. The statute states that nothing in these amendments limits a tenant’s ability to exercise any remedy otherwise authorized under existing law.
Enforcement runs through the channels that already existed for habitability defects: tenant remedies under state law, and local housing or code enforcement agencies.
Local Enforcement: How Los Angeles is Handling it
Los Angeles has published AB 628 enforcement procedure, which gives owners in that market a concrete picture of what a complaint produces. According to the Los Angeles Housing Department, if a rental unit is found to be missing a stove or refrigerator, or if either appliance is non-functional or defective, an LAHD inspector will issue a Notice to Comply. The landlord then has at least 30 days to resolve the issue. Failure to resolve the notice may lead to an administrative hearing, a fine, or further penalties permitted by law.
Enforcement practice is set locally and varies by jurisdiction. Owners outside the City of Los Angeles should confirm procedure with their own housing or code enforcement department rather than assuming the LAHD timeline applies.
Potential Consequences Under Other California Law
Under other California habitability and tenant-protection laws (outside of AB 628), unresolved habitability issues may give rise to remedies or enforcement actions that can include, depending on the circumstances and applicable law:
- Tenants can send written notice demanding repairs (usually 30 days for non-emergencies), as per California DOJ
- If unresolved, tenants may:
- Repair and deduct the cost from rent
- Withhold rent until fixed (with proper notice)
- Sue for damages, repairs, or lease termination
- Move out without penalty in severe cases
- Local city/county housing or code enforcement departments can inspect, issue citations, and impose administrative fines (amounts vary by jurisdiction; e.g., Los Angeles has dedicated portals/hotlines)
- Repeated/willful violations may escalate to higher penalties or misdemeanor charges in some areas
- If a landlord neglects to fix a faulty or recalled appliance after receiving written notice and being given a reasonable waiting period (typically 30 days), tenants may pay for the repair themselves and subtract that cost from their following month’s rent as permitted under Civil Code Section 1942
The availability, timing, and scope of these remedies depend on the specific facts, local jurisdiction, and laws beyond AB 628.
How Tenants Can Report Habitability Issues
- Notify the landlord/property manager in writing and allow reasonable time to fix.
- If no action, file a complaint with your local housing department or code enforcement (search “[your city/county] housing complaints” for online portals/hotlines).
- Seek help from tenant rights organizations or legal aid for court/small claims options.
This law ends the practice (common in parts of Southern California) of tenants buying/hauling their own major appliances. It’s now a basic habitability standard—like having hot water or a secure roof.
Note: This is general information based on AB 628 and related provisions of California law. The application of these rules can vary by situation. Tenants and landlords should consult a qualified attorney or local housing authority for guidance specific to their circumstances.
Anything found written in this article was written solely for informational purposes. We advise that you receive professional advice if you plan to move forward with any of the information found. You agree that neither Lula or the author are liable for any damages that arise from the use of the information found within this article