AB 628 California Stove + Refrigerator Habitability Law

What AB 628 Added

Before January 1, 2026, California habitability law did not specifically require landlords to provide a stove or refrigerator. Many leases included one or both as a courtesy, and most rental units came with both, but it wasn't a statutory requirement under Civil Code §1941.1.

AB 628 changed that. Effective January 1, 2026, every California residential rental must include — at the landlord's expense and as part of the habitability baseline:

• A working stove or cooktop with oven (or equivalent — built-in oven + cooktop arrangements qualify)
• A working refrigerator

If either is missing or non-functional, the unit is "untenantable" under §1941.1 — triggering the same habitability remedies that apply to a missing heater or broken plumbing. See our complete §1941 habitability guide for the remedies framework.

What "Working" Means

"Working" means the appliance functions as designed for its intended purpose:

• Stove/cooktop: all burners ignite or heat, oven heats to set temperature, controls function. A stove with one dead burner is arguably non-working depending on severity; one fully dead burner of four is gray-area, two or more is clearly non-working.
• Refrigerator: maintains safe food temperatures (under 40°F in the refrigerator compartment, under 0°F in the freezer compartment). A unit that won't maintain temperature is non-working.

Cosmetic issues (scratches, dated finish, ugly color) are not §1941.1 violations. Functional failures are.

Maintenance and Replacement Responsibility

The landlord is responsible for maintaining and replacing both appliances when they fail in ordinary use. The tenant is responsible only for damage caused by misuse, neglect, or guests.

Practical examples:

• Refrigerator compressor fails after 8 years of normal use → landlord replaces.
• Tenant leaves freezer door open for a week, motor burns out → tenant's damage.
• Stove ignitor fails → landlord repairs.
• Tenant spills oven cleaner causing finish damage → tenant's damage.

The same "reasonable time" standard applies as for other §1941 habitability items. A non-working refrigerator is an urgent issue (food spoilage, health risk) — typically respond within 24-48 hours and resolve within 3-7 days. A non-working stove is also urgent but slightly less time-pressured (microwave cooking is a workable interim).

Existing Leases vs. New Leases

AB 628 applies to all California residential rentals as of January 1, 2026 — regardless of when the lease was signed. There is no "grandfather" exception for older leases that didn't include appliances.

If you currently rent a unit without a stove or refrigerator, you have two options:

1. Provide the appliances now. Standard moveable units cost $400-$1,200 each. Built-in installations are more.
2. Negotiate with the tenant in writing — though tenants cannot waive §1941 habitability rights, you can document that the tenant was provided rent credit in lieu of appliance provision (this is a gray-area workaround that NGC does not recommend; consult counsel).

For new leases starting on or after January 1, 2026, the appliances must simply be in place at move-in.

What Landlords Should Do Now

Recommended AB 628 compliance checklist:

• Audit your portfolio: identify any units currently rented without a stove or refrigerator. Add them by January 1, 2026.
• Update your lease template: add a section listing the stove and refrigerator as included appliances, with the tenant acknowledging working condition at move-in.
• Update your move-in walk-through form: include checkboxes for "stove working" and "refrigerator working" with sign-off by both parties.
• Update your maintenance triage: stove and refrigerator complaints are now habitability-grade urgent items, not "amenity nice-to-haves."
• Capex reserve adjustment: budget $200-$300 per unit per year for appliance replacement (assumes 7-10 year average appliance life).

NGC has already updated all managed-property leases and move-in protocols. Owners self-managing should make the same updates before January 1, 2026.

Frequently Asked Questions