AB 628 amended California Civil Code §1941.1 to add working stoves and refrigerators to the mandatory list of habitability requirements. A rental unit without functioning appliances under a new or renewed lease is now legally untenantabl
The law applies to any lease entered into, amended, renewed, or extended on or after January 1, 2026. Month-to-month tenants with any lease change after January 1, 2026 are also covered. Existing fixed-term leases fall under AB 628 upon renewal.
AB 628 is not a one-time installation rule. Once the appliance is in the unit, the landlord must maintain it in working order for the duration of the tenancy. A broken stove or failed refrigerator that isn't repaired is an ongoing habitability violation.
What AB 628 Requires
What the law says —
and what it means for you.
AB 628 amended California Civil Code §1941.1 — the core habitability statute — to require landlords to provide and maintain two appliances in every covered residential rental unit. Previously, stoves and refrigerators were considered optional amenities. As of January 1, 2026, they are mandatory habitability requirements with the same legal weight as heat, plumbing, and weather protection.
Do I Have a Claim?
Does AB 628
apply to your
rental situation?
If your lease was entered into, renewed, or amended on or after January 1, 2026, and your landlord has not provided or is not maintaining a working stove or refrigerator, your unit may be legally untenantable under California Civil Code §1941.1.
You do not need to have been harmed in a dramatic way. The failure to provide or maintain a required appliance is itself a habitability violation — and it triggers California’s tenant remedies including repair-and-deduct, rent withholding, and legal action.
Common AB 628 Violations
How landlords are violating
AB 628 right now
A landlord who does not provide a working stove in a unit subject to a new lease signed on or after January 1, 2026 is in immediate violation of Civil Code §1941.1 — regardless of any lease language to the contrary.
A stove that breaks during the tenancy and is not repaired within a reasonable time after notice is an ongoing habitability violation. The landlord's obligation to maintain the appliance is continuous — not just at move-in.
Failing to provide a working refrigerator under a new or renewed lease violates AB 628 — unless the tenant voluntarily agreed in writing at lease signing to provide their own. A landlord cannot require or assume this opt-out.
If a stove or refrigerator in your unit is subject to a manufacturer or government recall, the landlord has 30 days to repair or replace it after receiving notice. Failure to act within that window is a separate AB 628 violation.
A landlord who requires a tenant to provide their own refrigerator as a condition of renting — rather than offering it as a voluntary choice at lease signing — is violating AB 628's conditions for the opt-out provision.
Any amendment to a lease signed before January 1, 2026 — a rent increase, parking change, pet addendum — can trigger AB 628 compliance. Landlords who amended leases and failed to comply may be in violation.
Put your repair request in writing — text message or email to your landlord. A written request that receives no response establishes the landlord's notice and failure to act. Photograph the broken or missing appliance with a timestamp. These records are the foundation of your habitability claim and any subsequent legal action.
If you are on a month-to-month lease and your landlord raised your rent, changed any lease terms, or issued any addendum after January 1, 2026, AB 628 likely applies to your tenancy — even if your original lease predates the law. Any change of terms after the effective date can trigger the habitability requirement for your unit.
Your Legal Remedies
What you can do when
your landlord violates
AB 628.
California's Civil Code §1941.1 habitability framework provides tenants with multiple legal remedies when a landlord fails to maintain a habitable unit. AB 628 violations trigger all of the following.
Under California Civil Code §1942, if your landlord fails to repair a habitability defect within a reasonable time after written notice, you may arrange the repair yourself and deduct the cost from your rent — up to one month's rent. This remedy is available twice in any 12-month period.
When a landlord fails to maintain habitable conditions, California courts have recognized tenants' rights to withhold rent or pay reduced rent proportional to the reduced value of the uninhabitable unit. This defense is available in unlawful detainer (eviction) proceedings as well.
Tenants can sue landlords for breach of the warranty of habitability, seeking actual damages — including the cost of alternative meal arrangements, food spoilage, hotel costs — plus emotional distress damages and attorney fees in appropriate cases.
You can file a complaint with your local code enforcement agency or building department. An official code enforcement citation creates a written record of the violation and can pressure the landlord to comply — while supporting your legal case.
If habitability violations are severe enough to force you to vacate, you may have a constructive eviction claim — allowing you to terminate your lease and potentially recover relocation costs and damages from the landlord.
California Civil Code §1942.5 prohibits landlords from retaliating against tenants who exercise habitability rights — including raising rent, issuing notices, or threatening eviction in response to a repair demand or complaint about AB 628 violations.
Why AJG Law Group
California tenant rights
are our specialty.
AJG Law Group handles tenant habitability cases statewide. AB 628 is a new law — most tenants don't know their rights yet, and most landlords haven't fully complied. We are filing AB 628 habitability cases now.
AB 628 is new as of January 1, 2026. Most landlords are not fully compliant, and most tenants don't know their rights yet. AJG Law Group is filing AB 628 habitability cases now — before this area becomes crowded with competing firms.
We represent tenants with AB 628 habitability claims across all of California — from Los Angeles, San Francisco, and San Diego to Sacramento, Riverside, Fresno, and the Central Valley.
AJG Law Group serves English- and Spanish-speaking tenants across California. Hablamos español. Many AB 628 violations affect Spanish-speaking renters who may not know their new rights under the law.
