Updated as of January 2026

California has introduced a significant update to tenant rights with Assembly Bill 628 (AB 628), which amends Civil Code § 1941.1

Beginning in 2026, The law adds a working stove and a refrigerator to California’s habitability standards, meaning 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.

When the Law Takes Effect (and Which Leases It Applies To)

The requirements apply to any lease or rental agreement that is entered into, amended, or extended on or after January 1, 2026.

  • For new leases signed on or after January 1, 2026: Appliances must be provided from the start
  • For month-to-month tenancies: The application of the new requirements depends on whether the tenancy is treated as extended on or after January 1, 2026
  • For existing fixed-term leases (e.g., a 1-year lease signed before 2026): The prior rules apply until the lease ends or is amended/ extended

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.

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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, and share space for food preparation 
  • 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. Instead, 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 expressly states that nothing in these amendments limits a tenant’s ability to exercise any remedy otherwise authorized under existing law.

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

  1. Notify the landlord/property manager in writing and allow reasonable time to fix.
  2. If no action, file a complaint with your local housing department or code enforcement (search “[your city/county] housing complaints” for online portals/hotlines).
  3. 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.