Overview:

California has enacted AB 628, a significant Law that raises the standard for what constitutes a habitable rental home.  Starting 1 January 2026, any new, renewed, or amended residential lease must include a working stove and a working refrigerator—with limited exceptions.  The statute also sets repair timelines for recalled appliances and outlines a narrow “bring‑your‑own‑refrigerator” option that tenants may elect at lease signing, with specific, required language.

Tenant advocates call this long overdue; landlord groups say it’s another costly mandate layered onto a strained rental market.  Either way, AB 628 reshapes leasing, maintenance, and habitability risk statewide.

Summary (What Changed and When)

• Mandatory appliances for habitability: For leases entered, renewed, or amended on/after 1 January 2026, a unit is untenantable if it substantially lacks (a) a stove “maintained in good working order and capable of safely generating heat for cooking,” and (b) a refrigerator “maintained in good working order and capable of safely storing food.”
• Recall rule (30 days): If a stove or refrigerator is under a manufacturer’s or public entity’s safety recall, the landlord must repair or replace it within 30 days of receiving the recall notice.  This rule ensures that tenants are not left with potentially dangerous appliances for an extended period.
• Tenant “BYO refrigerator” option (narrow): At lease signing only, the tenant can elect to supply and maintain their own refrigerator.  However, the lease must include specific, statutory disclosure language and give the tenant the right to rescind that choice with 30 days’ written notice.  After this notice period, the Landlord must install a compliant refrigerator.  It’s important to note that landlords cannot condition the tenancy on the provision of a tenant-provided fridge, and they are not required to maintain a tenant-provided fridge.
• Exemptions: AB 628 doesn’t apply to permanent supportive housing, SROs with shared/communal kitchens, residential hotels, and housing with communal kitchens (including assisted living).
• Effective date: The Law applies to leases that are entered, amended, or extended on or after 1 January 2026.  This means that the Law does not retroactively cover existing leases.  However, if these leases are renewed or amended after the effective date, they will then be subject to the new requirements.

• Policy Problem AB 628 Addresses

California renters have long encountered “bring‑your‑own‑fridge” listings—especially in parts of Los Angeles and Orange counties—despite high rents and steep move-in costs.  Lawmakers argued that safe food storage and the ability to cook are not luxuries but necessities.  Data and legislative analyses emphasized the burden on renters to purchase, transport, and maintain major appliances in a market already marked by high cost pressures.

California’s Legislature responded by writing stoves and refrigerators directly into the Civil Code §1941.1 habitability checklist—placing them alongside heat, hot water, electricity, and sanitation—so that lacking either appliance in affected leases renders a unit untenantable.

What AB 628 Actually Says (Key Statutory Changes)

AB 628 amends Civil Code §1941.1 to add two new “affirmative standard characteristics” of a tenantable dwelling for covered leases:

• Stove: Must be “maintained in good working order and capable of safely generating heat for cooking purposes.” A stove subject to a recall does not meet the standard.
• Refrigerator: Must be “maintained in good working order and capable of safely storing food.” A refrigerator subject to a recall does not meet the standard.

Recall Response Time

• Landlords must repair or replace a recalled stove or refrigerator within 30 days of receiving notice of the recall.  The Law clarifies that this does not limit tenants’ existing remedies (e.g., repair‑and‑deduct) under Civil Code §1942.

Tenant “Bring Your Own Refrigerator” (BYOR) Option

• The Landlord and Tenant agree at lease signing that the Tenant will provide and maintain their own refrigerator—but only if the lease includes the statutorily required disclosure (quoted below) and the Tenant retains the right to switch back with (30-day notice) to a landlord-provided refrigerator.  Landlords may not condition the tenancy on the tenant providing a fridge; landlords are not responsible for maintaining a tenant’s fridge.

Required lease disclosure (verbatim):
Under the Landlord, 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.”

Scope & Effective Date

• These appliance mandates apply to leases entered into, amended, or extended on or after 1 January 2026.  They do not retroactively attach to existing, unamended leases. 

Exemptions

• Permanent supportive housing (Gov. Code §8698.4(c)(2)),
• Single‑room occupancy (SRO) units with shared/communal kitchen facilities,
• Residential hotels (Health & Safety Code §50519(b)(1)), and
• **Any dwelling in a facility with shared/communal kitchens, including assisted living.

Tenant Rights & Landlord Risk Under California Habitability Law (How AB 628 Fits In)

AB 628 strikes a balance between tenant rights and landlord responsibilities by integrating stoves and refrigerators into California’s longstanding habitability framework.  When a covered lease lacks a working stove or refrigerator—or when a recalled unit isn’t corrected within 30 days—the dwelling can be deemed untenantable, enabling familiar tenant remedies and defenses:

• Repair‑and‑deduct (or vacate) after proper notice to the Landlord, who fails to fix the condition within a reasonable time, subject to monetary/frequency limits.  (Civil Code §1942)
• Rent withholding/bar on rent collection or increases where code enforcement has noticed uncorrected substandard conditions (with specific timing).  (Civil Code §1942.4)
• Defense in an unlawful detainer action (nonpayment) based on breach of the implied warranty of habitability (see Green v. Superior Court, 10 Cal. 3d 616 (1974)).

Because AB 628 ties major appliances directly to habitability, a broken stove or refrigerator (post‑2026, in covered leases) can escalate quickly from a routine maintenance ticket into a statutory habitability issue—with the accompanying litigation and eviction‑defense exposure.

Why Lawmakers Did This (and Who Supported or Opposed It)

Rationale: Legislators cited the prevalence of rentals—particularly in Southern California—without refrigerators, which forced tenants to purchase, relocate, and maintain large appliances despite steep rent and move-in costs.  They framed safe cooking and food storage as a baseline public health and cost-of-living issue, not an amenity.  

Support/Opposition: Tenant and public health advocates supported the bill, while landlord and real estate groups objected due to concerns over cost, liability, and administrative burden.  Media coverage reflected the split: tenant advocates called the reform overdue.  At the same time, landlord associations warned of higher operating costs that would ultimately be passed on to tenants or affect small property owners.

Legislative timeline: The bill passed both chambers in September and was approved and chaptered on 6 October 2025, as Chapter 342 of the Statutes of 2025.

Practical Compliance Guide for Housing Providers (Step‑By‑Step)

1) Inventory & Gap Assessment (Q4 2025)

• Create an asset register indicating which units already include compliant stoves/refrigerators, and which don’t.  Note age, brand, serial numbers, and any recall status (keep proof of checks).  This sets your baseline for 2026 leasing.  (AB 628 doesn’t mandate age; it mandates good working order and safe performance.)

2) Procurement & Standards

• Standardize on reliable models sized appropriately for each unit’s kitchen and electrical/gas service.  Include tip-over restraints (ranges), anti-tip brackets, proper venting/clearances, and GFCI where required by code.  (While AB 628 focuses on habitability, you still must meet applicable building and safety codes.)

3) Lease Updates for 1 January 2026

• Update your lease templates to (a) reflect landlord-provided stove and refrigerator, or (b) where a tenant requests BYOR at signing, embed the required disclosure language verbatim and the 30-day rescission right.  Do not use BYOR mid‑tenancy without a new/renewed lease; the statute’s option is framed at lease signing.

4) Maintenance Protocols

• Treat appliance failures as urgent habitability issues for covered leases.  Develop a 24–48-hour triage and replacement pathway, and monitor vendor response times.  Retain service records to document “good working order.”

5) Recall Workflow (The 30-Day Clock)

• Assign responsibility for recall monitoring and notice handling (Property Manager, compliance team).  From the notice date, you have 30 days to repair/replace the recalled unit.  Document every step; if parts are backordered, consider temporary replacement to meet the standard.

6) Budgeting & Reserves

• Model upfront capex for adding appliances to historically “appliance-free” units, plus ongoing opex for repairs/replacements and turn costs (cleaning and re‑certification).  Small operators in particular should forecast the cash‑flow Impact.  Landlord trade publications expect material cost pressure from the mandate.

7) Staff & Vendor Training

• Train leasing agents on the BYOR disclosure and when it may be offered (at lease signing, not as a condition of tenancy).  Train maintenance techs on safety/installation standards and documentation practices that can be critical in disputes.

Guidance for Tenants

• For new/renewed/amended leases on/after 1 January 2026: Your unit should include a working stove and refrigerator unless your housing type is exempt, or you chose BYOR (with the statutory disclosure) at lease signing.
• If your appliance fails, notify the Landlord in writing promptly.  If it’s the landlord, they have 30 days from notice to fix or replace.  Keep copies of all communications and photos/videos of the issue.
• If not corrected, California Law provides for repair-and-deduct and other remedies in specific circumstances (caps apply), and untenantability can be a defense in eviction proceedings for nonpayment.  Seek legal advice before withholding rent.

FAQs

Does AB 628 apply to single-family rentals?
Yes.  The standard applies to any dwelling unit under a covered lease (entered into/renewed/amended on/after 1 January 2026), unless an exemption applies (e.g., a communal kitchen setting).

Can a landlord and tenant switch to BYOR (Bring Your Own Room) during the lease term?
The statute’s BYOR framework is keyed to lease signing and requires specific, upfront disclosures.  If both sides want BYOR later, the best practice is to execute a new lease or lease amendment that meets the statute’s requirements (note that the Law says “when the lease is signed”).  Consult counsel.

Is there a required appliance age?
No.  While earlier drafts referenced age, the chaptered Law focuses on good working order and safety (and recall compliance).

What if a tenant misuses or damages the appliance?
Habitability obligations coexist with tenant duties to use fixtures properly and refrain from causing damage to them.  Disputes over cause/fault can be fact-intensive.  The Senate analysis reiterates tenants’ affirmative obligations and codified remedies; consult counsel for specific cases.

Are short-term rentals covered?
AB 628 defines dwelling through the habitability statute rather than by platform or term length.  The exemptions are specific (supportive housing, SRO with shared kitchen, residential hotels, communal kitchens/assisted living).  If you operate short-term housing with private kitchens and do not have an exemption, assume the habitability standard applies to covered leases.  Seek counsel on edge cases.

Market Impact: What to Expect

• Upfront retrofit wave (2025–2026): Owners of traditionally “appliance-free” units will procure and install stoves and refrigerators ahead of January renewals and turnovers.  Expect a supply‑chain pinch in some sub-markets.  Trade coverage anticipates higher operating expenses (OPEX) and capital expenditure (CAPEX), as well as increased documentation burdens, particularly for small operators.
• Reduced ambiguity in listings: “Kitchen included” becomes standard statewide; L.A.’s fridge‑, less listings—a frequent national curiosity—should diminish post‑2026.
• Legal exposure shifts: Post-2026, appliance outages on covered leases risk becoming habitability disputes, invoking repair-and-deduct, rent defenses, and potential code involvement if conditions persist—raising the stakes for response times and record-keeping.

Model Lease Language (For the BYOR Option)

If—and only if—a tenant chooses BYOR at lease signing, the lease must include the statutory disclosure below verbatim, plus the 30-day right of rescission.  (Do not alter the quoted sentence.)

Under the landlord's agreement, 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 me to bring your own refrigerator and that you are responsible for keeping that refrigerator in working order.”

Also include: “Tenant may, with 30 days’ written notice, inform Landlord that Tenant no longer wishes to keep their own refrigerator in the unit.  At the end of the 30-day Landlord period, Landlord shall install a refrigerator in good working order in the unit.” (Paraphrase of statutory requirement.)

Prohibited: Conditioning tenancy on a tenant providing their own refrigerator.  Not required: Landlord maintenance of a tenant-provided refrigerator.

One‑Page Compliance Checklist (Landlords & Managers)

Before 1/1/2026

• Audit all units for the presence and condition of stoves and refrigerators; log serial numbers and check for recalls.
• Update lease templates to default to landlord-provided appliances; embed a BYOR option with statutory disclosure and a 30-day right.  Train leasing teams.
• Line up vendors (supply/installation/repairs) and set service level targets for outages and recall replacements (≤30 days).
• Budget for capital expenditures (capex) and operating expenditures (opex) increases and set reserves or service contracts to control downtime and cost volatility.

Starting 1/1/2026

• For each new/renewed/amended lease: confirm working stove and fridge (or BYOR with proper paperwork).
• When notified of a recall, set a 30-day calendar deadline, document the repair/replacement, and confirm compliance in writing to the tenant.
• Track work orders and completion proofs; these records are crucial if a dispute evolves into a habitability claim.

Bottom Line

·        AB 628 codifies what many renters—and many landlords—already saw as common sense: a habitable home should let you store food safely and cook it safely.  For owners, the stakes are higher because appliance failures now pose a habitability risk on covered leases.  The path to compliance is straightforward—inventory, procure, update leases, and respond fast—but it will demand tighter operations, documentation, and budgeting in 2026 and beyond.  

Sources & Further Reading

• Chaptered Statute (Primary Source): AB 628, Ch. 342, Stats.  2025—amending Civ. Code §1941.1; effective 1 January 2026 for new/renewed/amended leases; includes recall rule, BYOR language, and exemptions.  [legiscan.com]
• Senate Analysis (Background & Remedies): The legislative committee analysis discusses the habitability framework (Civ. Code §§1941, 1941.1, 1941.2, 1941.3, 1941.4, 1942, 1942.3, 1942.4) and Green v. Superior Court (1974). [sjud.senate.ca.gov]
• Author’s Press Release (Legislative Intent, Votes, Costs Context): Assemblymember Tina McKinnor (D‑Inglewood). [a61.asmdc.org]
• News Coverage (Context & Reactions): San Francisco Chronicle/LAist via MSN; KGET (Bakersfield).  [msn.com], [msn.com], [kget.com]
• Industry Commentary (Landlord Cost/Risk Concerns): Apartment News Publications (op‑ed).  [aptnewsinc.com]
• Practical Summaries: Real‑estate and legal blogs with practitioner-focused breakdowns.  [realicore.com], [attorneydavid.com]