As of January 1, 2026, California landlords are required to provide and maintain a working stove and refrigerator in most residential rental units. Assembly Bill 628, signed into law by Governor Newsom in October 2025, amends Civil Code Section 1941.1 to add these appliances to California’s habitability standards.
For property managers and landlords, there are implications for evictions and tenant defenses. A key fact is that habitability defenses are among the most common tactics tenants raise in unlawful detainer proceedings. If your unit does not meet the new appliance requirements, that gap could become a defense in your next eviction case.
Therefore, understanding what AB 628 requires, when it applies, and how it connects to eviction proceedings is essential for protecting your operations in 2026 and beyond.
This article is for educational purposes only and does not constitute legal advice. Educating yourself is crucial and can help streamline and reduce your legal risk. However, seeking professional legal counsel consolidates your efforts and pre-emptively ensures compliance whenever issues inevitably arise.
What AB 628 Requires
AB 628 amends Civil Code Section 1941.1, the statute that defines what makes a California rental unit “tenantable.” Previously, habitability requirements included items such as effective weatherproofing, working plumbing, hot and cold running water, heating facilities, and safe electrical systems.
Stoves and refrigerators were not on that list. Now they are.
The Stove Requirement
Under the amended statute, a dwelling is considered untenantable if it lacks a stove “maintained in good working order and capable of safely generating heat for cooking purposes.”
There is no opt-out for stoves. Landlords must provide a stove in every covered unit. No exceptions. No tenant agreements can change this obligation.
The Refrigerator Requirement
The law also requires a refrigerator “maintained in good working order and capable of safely storing food.”
Unlike the stove requirement, tenants may choose to provide their own refrigerator under certain conditions. This exception is addressed later in this article.
Recalled Appliances
AB 628 addresses recalled appliances directly.
According to Civil Code Section 1941.1(a)(10), “A stove that is subject to a recall by the manufacturer or a public entity is not capable of safely generating heat for cooking purposes.” The same standard applies to refrigerators under Section 1941.1(a)(11)(A).
If a stove or refrigerator in your unit is under recall, you must repair or replace it within 30 days of receiving notice. This requirement is codified in Civil Code Section 1941.1(c)(1), which states: “A landlord shall repair or replace a stove or refrigerator that is subject to recall by the manufacturer or a public entity, as described in paragraphs (10) and (11) of subdivision (a), within 30 days of receiving notice that the stove or refrigerator is subject to recall.”
In short, providing an appliance is not enough. The appliance must be functional, safe, and free from active recalls.
When Does AB 628 Apply?
AB 628 does not apply to every tenancy immediately. The law applies to leases that are entered into, amended, or extended on or after January 1, 2026. This means that a fixed-term lease signed in 2025 is not subject to the new requirements until it is renewed, amended, or extended.
New and Renewed Leases
For property managers overseeing portfolios with staggered lease dates, this creates a rolling compliance obligation. Every lease renewal, amendment, or new tenancy triggers the requirement. Waiting until a problem arises is not a sound strategy.
Month-to-Month Tenancies
Month-to-month tenancies are a different story. Because month-to-month agreements renew each month, they are effectively subject to AB 628 as of January 2026. If you manage units with month-to-month tenants, compliance should already be in place.
What This Means for Independent Landlords
Independent landlords with long-standing tenants on fixed-term leases may have more time before compliance becomes mandatory. But that runway ends the moment the lease is renewed or modified. Planning ahead is far less costly than scrambling to purchase appliances when a lease renewal is days away.
If you have tenants on month-to-month agreements, your compliance obligation is immediate. Do not assume that the absence of a written lease renewal protects you. Month-to-month tenancies renew automatically, and AB 628 applies.
The Eviction Connection
California law implies a warranty of habitability in every residential lease. This means landlords have an ongoing legal obligation to maintain the rental unit in a condition fit for human occupancy. When a landlord fails to meet this obligation, tenants have remedies, and those remedies can directly affect eviction proceedings.
Habitability Defenses in Unlawful Detainer
Habitability defenses are among the most frequently raised in unlawful detainer cases. If a tenant can demonstrate that the unit was untenantable, they may be able to defeat or delay an eviction, even one based on nonpayment of rent. The argument is straightforward: the tenant’s obligation to pay rent is tied to the landlord’s obligation to provide a habitable unit. If the landlord breached the warranty of habitability, the tenant’s rent obligation may be reduced or eliminated.
With AB 628 now in effect, a missing or nonfunctional stove or refrigerator in a covered unit could support exactly this kind of defense. A tenant facing eviction for nonpayment could argue that the unit was untenantable because it lacked a required appliance. If the court agrees, the eviction could be delayed or dismissed, or result in a judgment in favor of the tenant.
Tenant Remedies Under Civil Code Section 1942
The law also preserves tenant remedies under Civil Code Section 1942. This includes the right to repair and deduct (up to one month’s rent, no more than twice per year), the right to vacate the premises and terminate the lease, and, in some circumstances, the right to withhold rent. AB 628 explicitly states in Civil Code Section 1941.1(c)(2): “Nothing in this subdivision shall be construed to prohibit a tenant from exercising any remedy authorized under Section 1942.”
Practical Implications for Eviction Cases
The practical takeaway is clear. If you initiate an eviction without confirming that your unit meets the new appliance requirements, you may be handing the tenant a defense. Before serving a notice or filing an unlawful detainer, verify that the unit includes a compliant stove and refrigerator. If it does not, address the deficiency first.
What This Means for Independent Landlords
Independent landlords who historically rented units without appliances are particularly exposed here. If you have never provided a stove or refrigerator and your tenant is now on a covered lease, initiating an eviction without first addressing compliance could give the tenant grounds to fight the case.
Before pursuing any eviction, confirm that your unit meets the new habitability standard. The cost of purchasing appliances is far less than the cost of a delayed or lost eviction case.
The Refrigerator Opt-Out
There is one narrow exception to the refrigerator requirement. Under AB 628, a tenant may choose to provide and maintain their own refrigerator, but only if the arrangement is documented in writing at the time the lease is signed.
Required Lease Language
The lease must include specific language. Civil Code Section 1941.1(a)(11)(B)(i) requires the following statement in substantially this form: “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.“
Tenant’s Right to Request a Landlord-Provided Refrigerator
Even if a tenant opts out, they retain the right to request a landlord-provided refrigerator at any time with 30 days’ written notice. The landlord cannot require a tenant to provide their own refrigerator as a condition of tenancy.
No Stove Opt-Out
There is no equivalent opt-out for stoves. Landlords must provide a stove in every covered unit. This point cannot be overstated. No lease provision or tenant agreement can waive this requirement.
Compliance Checklist for Property Managers
For property managers, AB 628 compliance is an operational priority. The following steps can help ensure your portfolio is prepared.
- Audit existing units. Confirm that every unit subject to a new or renewed lease includes a working stove and refrigerator. Document the make, model, and serial number of each appliance.
- Update lease templates. Include the required AB 628 disclosures and the refrigerator opt-out language where applicable. Work with legal counsel to ensure your forms are up to date.
- Establish a recall tracking process. Monitor manufacturer notifications and maintain records of appliance details to respond quickly if a recall is issued. Remember, you have 30 days to repair or replace a recalled appliance.
- Budget for appliance purchases, repairs, and replacements. Appliances wear out. Building a reserve for replacement costs will prevent last-minute financial strain.
- Train leasing and maintenance teams. Leasing agents should understand the new requirements and be able to explain the refrigerator opt-out process. Maintenance staff should know to flag appliance issues promptly.
- Document appliance condition at move-in and move-out. Photos and written records protect you in the event of a dispute.
What This Means for Independent Landlords
If you have historically rented units without providing a stove and/or refrigerator, you will need to budget for appliance purchases before your next lease renewal or when a new tenant moves in. The cost of a basic stove and refrigerator typically ranges from $1,000 to $3,000 combined, depending on quality and features.
Do not wait until a lease renewal is imminent. Appliance availability and installation timelines can vary. Proactive purchasing ensures you are not caught off guard.
Additionally, update your lease agreement to include the required language. If you use a standard form, confirm it reflects the AB 628 requirements. If you drafted your own lease, consult with an attorney to ensure compliance.
Exemptions
AB 628 does not apply to all housing types. The following are exempt from the stove and refrigerator requirements:
- Permanent supportive housing, as defined in Government Code Section 8698.4(c)(2)
- Single-room occupancy units where occupants share food preparation facilities
- Units in residential hotels, as defined in Health and Safety Code Section 50519(b)(1)
- Dwelling units within housing facilities that offer shared or communal kitchen spaces, including assisted living facilities
Are Mobile Home Parks Exempt?
Mobile home parks are not listed among the exemptions in Civil Code Section 1941.1(b). This means that mobile home rentals are subject to the same stove and refrigerator requirements as other residential units, unless another specific exemption applies.
If you manage or own mobile home rentals, do not assume you are exempt from AB 628. Review your units and lease agreements to confirm compliance. The habitability standard now includes appliances, and a mobile home tenant can raise the same habitability defenses in an unlawful detainer proceeding as any other residential tenant.
Key Point
AB 628 is now in effect. Stoves and refrigerators are no longer optional amenities. They are part of California’s habitability standard for covered residential leases.
For property managers and landlords, compliance protects the integrity of your eviction cases. A missing or nonfunctional appliance can become a habitability defense in an unlawful detainer proceeding, potentially delaying or defeating an otherwise valid eviction.
Review your lease templates. Audit your units. Establish a recall tracking process. And before initiating any eviction, confirm that your property meets the new standard. The time to act is now.
Contact Mehigan Law
Mehigan Law has served California property managers and landlords for over 46 years. We provide guidance based on your specific circumstances and help you make informed decisions that protect your interests and improve your bottom line.
If you have questions about whether AB 682 applies to your case, reach out to our office. We can discuss your specific situations and provide tailored guidance. Contact us at evictions@mehiganlaw.com or call our office directly at (916) 646-0800.
We are here to help you evaluate your options and pursue the strategies that work best for your operation.
