Habitability Requires Stoves and Refrigerators

Effective January 1, 2026, AB 628 mandates that nearly every residential rental unit must be equipped with a functional stove and refrigerator to be legally considered "tenantable" or habitable. The law applies to any lease agreement that is entered into, amended, or extended on or after the effective date, creating a staggered implementation schedule where existing leases will fall under the requirement upon renewal.

The central requirement of the law is precise: landlords must provide and maintain a working stove that is "capable of safely generating heat for cooking purposes," and a working refrigerator that is "capable of safely storing food." This elevates both appliances to the same legal status as essential utilities like running water, heating, and plumbing, which are already protected under California Civil Code §1941.1.

The legislative intent behind this mandate is to ease the financial burden on renters, particularly those with low incomes, by removing the costly requirement of purchasing, transporting, and maintaining major kitchen appliances. The bill’s author argued that a stove and refrigerator are necessities, not luxuries, and should be standard in all rental housing.

The Appliance Requirement and Maintenance Duty

The law is clear that the landlord assumes full responsibility for the operational status of stoves and refrigerators.

The landlord must ensure the stove and refrigerator remain functional throughout the tenancy.

If either appliance is subject to a manufacturer or public entity recall, the landlord has a specific and strict duty to repair or replace the recalled item within 30 days of receiving notice. A recalled appliance, by definition, is considered incapable of safely serving its purpose, immediately making the unit untenantable.

The law provides a narrow exception for the refrigerator (but not the stove). Landlords and tenants may mutually agree at the time the lease is signed that the tenant will provide their own refrigerator. However, this agreement must be clearly documented in the lease with specific statutory language acknowledging the tenant's responsibility for its maintenance. Crucially, the tenant retains the right to unilaterally notify the landlord (with 30 days’ written notice) that they require a landlord-provided refrigerator, overriding the initial agreement.

The new law includes exemptions for certain types of housing where shared kitchen facilities are common, such as permanent supportive housing, residential hotel units, single-room occupancy units, and dwellings that already have shared kitchen spaces.

Impact on California Landlords

The effects of AB 628 on California landlords are significant, translating into higher operating costs, increased legal exposure, and necessary changes to lease documentation and property management practices.

Heightened Legal Risk and Warranty of Habitability

By integrating the stove and refrigerator into the definition of habitability (Civil Code §1941.1), the law dramatically increases the landlord’s legal exposure.

The failure of a landlord-provided stove or refrigerator is no longer a simple maintenance request; it is now a direct breach of the implied warranty of habitability.

This breach triggers powerful tenant remedies. After providing notice to the landlord, a tenant may legally pursue:

Rent Withholding: Refusing to pay rent until the essential appliance is fixed.

Repair-and-Deduct: Paying for the repair or replacement themselves and deducting the cost from the rent.

Constructive Eviction: Vacating the premises and terminating the lease without penalty, potentially suing for damages.

This new legal risk means that property owners must treat appliance repair with the same urgency as a non-functioning furnace or a major plumbing leak, ensuring timely diagnosis and repair, especially within the 30-day window stipulated for recalled units.

Administrative and Lease Compliance

Landlords must immediately update their management forms and practices. All new and renewed leases must include specific language confirming the provision of the appliances. If the tenant opts to provide their own refrigerator, the lease must incorporate the precise statutory acknowledgement language and clearly outline the tenant’s option to request a landlord-provided unit later.

Since compliance is mandatory upon lease amendment or renewal, property managers must proactively schedule the purchase and installation of appliances for units with upcoming lease expiration dates.

AB 628 represents a major regulatory shift in the state's rental housing market. It standardizes basic kitchen provisions, alleviating a historical cost burden on renters. For landlords, however, it creates substantial new obligations, transforming the stove and refrigerator into critical, high-liability components of property ownership that require immediate financial planning, rigorous maintenance protocols, and precise legal compliance.