AB 628 - New Stove & Refrigerator Requirements in Rentals

As of January 1st, 2026, there are new requirements for what is needed for rental property to be considered habitable under California law. With the passage of AB 628, landlords must now provide both a stove and a refrigerator, maintained in good working order, as a condition of habitability. Specifically, for residential tenancies, the list of statutory habitability characteristics under Civil Code 1941.1 now includes:

• A stove that is maintained in good working order and capable of safely generating heat for cooking purposes.

• A refrigerator that is maintained in good working order and capable of safely storing food. Note that the law does not specify the size of the refrigerator, only that it must be capable of safely storing food. •

Neither the stove nor refrigerator can be subject to recall, and if the landlord receives notice of such, the landlord must repair or replace the stove or refrigerator within 30 days.

What if the tenant has their own refrigerator? A tenant and landlord may mutually agree when the lease is signed that the tenant chooses to provide and maintain their own refrigerator, but only if all the following conditions are met:

• The lease contains a statement in substantially the following form: “Under state law, the landlord is required to provide a refrigerator in good working order in your unit. By checking this box, you acknowledge that you have asked to bring your own refrigerator and that you are responsible for keeping that refrigerator in working order.”

• The lease provides that the tenant may, with 30 days written notice, inform the landlord that they no longer wish to keep their own refrigerator in the unit, and that at the end of the 30-day notice period, the landlord shall install a refrigerator in good working order in the unit.

• The landlord may not condition a tenancy upon the tenant providing their own refrigerator.

• The landlord shall not be responsible for the maintenance of a refrigerator provided by the tenant.

Who Is Exempt?

AB 628 does not apply to:

  1. SROs (single-room occupancy units)

  2. Residential hotels

  3. Permanent supportive housing

  4. Units with shared or communal kitchens (i.e., some senior housing, group homes, co-living arrangements)

Risk Management

AB 628 extends appliance coverage under California’s habitability laws. Failure to comply is prohibitive and could lead to:

  • Habitability claims

  • Repair-and-deduct scenarios

  • Code enforcement involvement

Disclosure:    We are not attorneys and this information should not be considered legal advice - seek legal advice from a qualified attorney.

Next
Next

Landlord/Tenant Obligations