Yes. For leases entered into, amended or extended on or after January 1, 2026, a stove and a refrigerator in good working order are part of the habitability standard in Civil Code § 1941.1 (AB 628). A tenant may choose to bring their own refrigerator, but only with a specific lease statement. Some housing types are excluded.
What did AB 628 change?
AB 628 (Stats. 2025, ch. 342) amended § 1941.1 to add a stove and a refrigerator to the list of characteristics a rental dwelling must have to avoid being untenantable. The stove must be “maintained in good working order and capable of safely generating heat for cooking purposes.” The refrigerator must be “maintained in good working order and capable of safely storing food.” A stove or refrigerator that is subject to a manufacturer or public-entity recall does not meet either standard. The amendment took effect January 1, 2026.
Which leases does it apply to?
Both new requirements apply only to a lease “entered into, amended, or extended on or after January 1, 2026.” A new lease, a lease renewal or an amendment brings the unit under the rule. Whether a month-to-month tenancy that simply continues without any new written agreement counts is not spelled out in the statute, so ask an attorney if that is your situation. Update your lease template now so that every 2026 lease addresses both appliances.
Which housing is excluded?
Section 1941.1(b) excludes the stove and refrigerator requirements for:
- permanent supportive housing, as defined in Government Code § 8698.4;
- a single-room occupancy unit that provides living and sleeping space for the exclusive use of the occupant, including units where occupants share food preparation facilities;
- a unit in a residential hotel, as defined in Health & Safety Code § 50519; and
- a dwelling unit in a housing facility with shared or communal kitchen spaces, including a unit in an assisted living facility.
Can a tenant bring their own refrigerator?
Yes, but only by mutual agreement when the lease is signed, and only if all four conditions in § 1941.1(a)(11)(B) are met:
- The lease contains the statutory statement, which begins “Under state law, the landlord is required to provide a refrigerator in good working order in your unit.”
- The lease lets the tenant give 30 days’ written notice that they no longer want to keep their own refrigerator, and the landlord must then install one in good working order when the 30 days end.
- The landlord does not condition the tenancy on the tenant providing a refrigerator.
- The landlord is not responsible for maintaining a refrigerator the tenant provides.
The statute provides this option for refrigerators only; there is no matching option for stoves.
What happens if an appliance is recalled?
Under § 1941.1(c), the landlord must repair or replace a recalled stove or refrigerator within 30 days after receiving notice of the recall. Section 1941.1(c)(2) preserves the tenant’s remedies under Civil Code § 1942, which are the tenant’s remedies for a dwelling that is untenantable. See our habitability and repairs guide for how those remedies work and how retaliation rules apply.
What should landlords do now?
- Inspect the stove and refrigerator in each unit with a lease signed, amended or extended in 2026, and repair or replace anything that is not in good working order.
- Check manufacturer and government recall databases for the model numbers, and keep a record of when you were notified.
- Add a standard clause about both appliances to your lease template, and add the statutory refrigerator statement only where the tenant has asked to bring their own.
- Document the working condition at move-in with dated photos, which also supports your security deposit file (see our security deposit guide).
Frequently asked questions
Does AB 628 require me to buy appliances for every existing tenancy?
Not automatically. The new requirements apply to a lease entered into, amended or extended on or after January 1, 2026. If you are unsure whether an existing tenancy is covered, ask an attorney.
Can I refuse a tenant who wants to bring their own refrigerator?
The refrigerator option exists only by mutual agreement. The statute bars a landlord from conditioning a tenancy on the tenant providing a refrigerator, but it does not require a landlord to agree to a tenant’s request.
Does the rule apply to a unit in an assisted living facility?
No. Section 1941.1(b)(4) excludes a dwelling unit in a housing facility that offers shared or communal kitchen spaces, including a unit in an assisted living facility.
What counts as “good working order” for a stove?
The statute says the stove must be capable of safely generating heat for cooking purposes and that a recalled stove does not qualify. It gives no further technical test, so document the condition and fix safety problems promptly.
Which official sources should I read?
- Civil Code § 1941.1 (leginfo)
- Civil Code § 1942 (leginfo)
- Judicial Council — landlord self-help center
This post is general information about California law as of Nov 13, 2026, and local ordinances may be stricter. Check the linked sources or consult a qualified attorney. Read the disclaimer.
Have a question about your situation, want tips, or need a referral? Email the CLRC team at [email protected]. We share general information, not legal advice, and we’re not a law firm.