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Landlord-Tenant Habitability โ€” AB 628

AJG Law Group, PC ยท Consumer Rights Guide

California AB 628: Your Landlord Now Has to Provide a Working Stove and Refrigerator.

For most of Californiaโ€™s history, stoves and refrigerators were considered optional amenities in rental housing. Landlords could provide them, but they were not required to. That changed on January 1, 2026.

Assembly Bill 628 amended California Civil Code ยง1941.1 to add working stoves and refrigerators to the mandatory list of habitability requirements. They are now required โ€” by law โ€” in the same category as plumbing, heating, and weather protection.

What the Law Requires

Under AB 628, every residential rental unit covered by a new or renewed lease on or after January 1, 2026 must be equipped with a working stove or oven capable of safely generating heat for cooking purposes, and a working refrigerator capable of safely storing food.

The landlordโ€™s obligation is not satisfied by installing the appliances once. It is ongoing. If a stove breaks, the landlord must repair or replace it. If a refrigerator fails, the landlord must repair or replace it. The maintenance obligation continues for the entire tenancy.

When the Law Applies to Your Lease

AB 628 applies to leases entered into, amended, renewed, or extended on or after January 1, 2026. New leases signed after that date are immediately covered. Leases renewed or extended after January 1, 2026 are covered at renewal, even if the original lease predates the law.

Month-to-month tenancies where the landlord changed any lease terms after January 1, 2026 โ€” a rent increase, a parking change, a pet addendum โ€” are likely covered. Any change of terms can trigger AB 628 for your unit.

The Stove vs. Refrigerator Distinction

There is one important asymmetry in the law: tenants can agree to provide their own refrigerator, but they cannot opt out of the stove requirement.

For refrigerators, a tenant and landlord can agree at the time of lease signing that the tenant will provide and maintain their own refrigerator. This agreement must be voluntary โ€” the landlord cannot require it as a condition of renting.

For stoves, no opt-out exists. The landlord must always provide and maintain a working stove, regardless of what any lease clause says.

What Happens When the Landlord Does Not Comply

A landlord who fails to provide a required appliance โ€” or who fails to repair or replace one that breaks โ€” is in violation of Californiaโ€™s warranty of habitability. That violation triggers the right to repair and deduct: if the landlord fails to repair after written notice and a reasonable time, you may hire someone to do the repair yourself and deduct the cost from rent, up to one monthโ€™s rent, twice per year.

Tenants may also seek damages in court for the period of non-compliance, the diminished rental value of the unit, and out-of-pocket costs. AB 628 also requires that if an appliance is subject to a manufacturer or government recall, the landlord must repair or replace it within 30 days of receiving notice.

AB 628 and Existing Buildings

Many landlords are in a transitional period right now. If your lease has been renewed or your landlord has changed your lease terms since January 1, 2026, and no working stove or refrigerator has been provided, that is a current violation.

Written notice to the landlord followed by a reasonable repair period is the required first step โ€” after which legal remedies are available.

AB 628 is not a one-time installation rule. It is an ongoing maintenance obligation. A landlord who provides a stove at move-in and then fails to repair it when it breaks is not in compliance.

If you believe your rights have been violated, contact AJG Law Group, PC for a free consultation.
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