TL;DR — 30 seconds
Since January 1, 2026, California landlords have to provide and maintain a working stove and a working refrigerator in every residential rental. Civil Code §1941.1, post-AB 628. Both at move-in, both kept working through the tenancy, both at landlord expense unless the tenant broke it.
What AB 628 actually added
Before January 1, 2026, California habitability law didn't require either appliance. Most landlords included them as a courtesy. Most rental units came with both. But it wasn't a §1941.1 obligation — and a missing or broken fridge wasn't a habitability claim.
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" actually means
Working = functions as designed for its intended use. The details matter:
- 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.
Who pays when one breaks
Normal-use failures are on the landlord. Tenant misuse, neglect, or damage by guests is on the tenant. Same allocation as any other habitability item.
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 — no grandfather
AB 628 applies to every California residential rental as of January 1, 2026 regardless of lease date. There's no grandfather clause for older leases that didn't include appliances. If your unit is currently rented without one, you owe it now.
If you currently rent a unit without a stove or refrigerator, you have two options:
- Provide the appliances now. Standard moveable units cost $400-$1,200 each. Built-in installations are more.
- 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.
The compliance checklist
What we did across the managed portfolio. What self-managers should do now:
- 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.
Related from the NGC network
Common questions
Does California require landlords to provide a stove and refrigerator now?
Yes, as of January 1, 2026 under AB 628. Both are added to §1941.1's habitability list. Both have to be in the unit at move-in and kept working through the tenancy.
What happens if one breaks mid-tenancy?
The landlord repairs or replaces within a reasonable time — for an appliance failure that's typically 24–48 hours to respond and 3–7 days to resolve. Delay opens the §1941 remedy menu: rent withholding, repair-and-deduct, and the habitability defense in any later UD.
Does AB 628 apply to existing leases?
Yes. Every California residential rental as of January 1, 2026. No grandfather. If your unit is currently rented without one, add it now.
Who pays if the tenant broke the appliance?
The tenant pays for damage caused by misuse, neglect, or guests. Compressor failing after 8 years of normal use? Landlord. Tenant left the freezer door open for a week? Tenant.
Are dishwashers, washers, and dryers required?
No. AB 628 added only the stove and refrigerator. Anything beyond that remains optional under state law, though some local ordinances reach further.
CA Landlord Laws