Starting January 1, 2026, a new California law — Assembly Bill 628 (AB 628) — will change what’s legally required for a rental property to be considered “tenantable.” This means landlords and property managers will soon have new standards to meet under California Civil Code § 1941.1, including a key update:
All rental units must include a working stove and refrigerator unless the tenant chooses in writing to bring their own refrigerator.
If you own or manage rental property in California, now is the time to review your units and leases to ensure you’re prepared.
What’s Changing
AB 628 expands the state’s definition of what makes a rental property “habitable.” Beginning January 1, 2026, a unit will be considered “untenantable” (meaning the landlord could be in violation of the warranty of habitability) if it’s missing any of the following essentials:
- Weatherproofing: Roof, walls, windows, and doors must keep out rain and weather.
- Plumbing and Gas: All plumbing and gas systems must be safe and working properly.
- Water Supply: Hot and cold running water must be available and connected to a proper sewage system.
- Heating: The unit must have a working heat source.
- Electrical System: Lights, wiring, and outlets must be in good condition.
- Cleanliness: The building and grounds must be sanitary and free from garbage, rodents, and vermin.
- Garbage Bins: Landlords must provide clean, working trash containers.
- Structural Safety: Floors, stairways, and railings must be safe and stable.
- Mailboxes: Residential hotels must provide a locking mail receptacle for each unit.
- Stove: Landlords must provide a working stove that can safely heat food.
- Refrigerator: Landlords must provide a working refrigerator unless the tenant chooses, in writing, to bring their own.
Tenant’s Right to Bring Their Own Refrigerator
The new law allows tenants to opt out of using the landlord’s refrigerator — but only if they do so in writing at lease signing.
Here’s how it works:
- The lease must include this exact statement: “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 tenant — not the landlord — must check the box.
- The tenant can later change their mind and ask the landlord to provide a refrigerator with 30 days’ written notice.
- The landlord cannot require tenants to bring their own refrigerator as a condition of renting the unit.
If a tenant chooses to bring their own fridge, the landlord isn’t responsible for maintaining or repairing it.
Appliance Recalls and Repairs
If a stove or refrigerator is recalled by the manufacturer or a public agency, landlords have 30 days from the date of the recall notice to repair or replace the appliance.
While AB 628 doesn’t specify a general repair timeline for non-recalled appliances, adopting a clear internal policy — such as completing repairs within 14 days — is a smart way to show diligence and avoid disputes.
Which Units Are Exempt?
The new stove and refrigerator requirements do not apply to:
- Permanent supportive housing
- Single-room occupancy units where food preparation is shared with the owner
What Property Owners Should Do Now
1. Audit Your Units
Start by confirming what’s already in place:
- Does each unit have a working stove and refrigerator?
- Are they in good condition and up to code?
- Who owns and maintains them — you or the tenant?
Document everything now to make the 2026 transition smoother.
2. Update Your Lease Agreements
- Add the required language about stove and refrigerator obligations.
- Include the refrigerator opt-out checkbox and 30-day rescission clause.
- Make sure new, renewed, and amended leases signed on or after January 1, 2026, include this information.
3. Set a Repair Timeline
Even though the law only sets deadlines for recalled appliances, it’s good practice to:
- Establish an internal timeline (e.g., within 14 days) for other stove or fridge repairs.
- Keep track of recall notices from manufacturers or government agencies.
- Maintain detailed repair and replacement records.
4. Train Staff and Communicate with Tenants
Make sure everyone on your team understands the new requirements and can explain them clearly to tenants. Provide written notice of changes when you renew leases or onboard new renters.
Why It Matters
Noncompliance with AB 628 could lead to:
- Habitability claims or rent reductions
- Repair and deduct actions under Civil Code § 1942
- Civil penalties or damages
Keeping your properties compliant helps avoid costly legal issues and ensures your tenants have a safe, functional home.
The Bottom Line
AB 628 raises the standard for rental housing in California — especially when it comes to kitchen appliances.
By auditing your units now, updating your leases, and documenting appliance maintenance, you’ll be ready for full compliance when the law takes effect in 2026.
The LaBrada Group will continue monitoring legislative updates and can assist property owners with lease revisions and compliance reviews to ensure you’re prepared. Contact us with questions, and for assistance.
