Starting in 2026, California landlords must provide a working stove and refrigerator under AB 628. Learn how this impacts leases and habitability rules.
If you own rental property in Newport Beach, Costa Mesa, or elsewhere in tenant-friendly California, 2026 brings another important compliance update that landlords should not overlook.
Beginning January 1, 2026, California law will require most residential landlords to provide both a stove and a refrigerator as a condition of habitability. This change comes courtesy of Assembly Bill 628, now codified in Civil Code § 1941.1, and it marks a meaningful shift in how the state defines a “habitable” rental unit.
While this may sound minor, the legal and practical implications are anything but. As with many recent landlord-tenant changes, small details can carry big consequences.
What’s Changing Under AB 628
Starting in 2026, for most new, amended, or extended residential leases, landlords must provide and maintain:
- A stove
Maintained in good working order and capable of safely generating heat for cooking. - A refrigerator
Maintained in good working order and capable of safely storing food.
These appliances are no longer optional amenities. They are now part of California’s statutory habitability requirements.
New Recall Obligations (Often Missed)
AB 628 adds another layer of responsibility that many landlords may not anticipate:
- Neither the stove nor refrigerator may be subject to a manufacturer recall.
- If a landlord receives notice of a recall, the appliance must be repaired or replaced within 30 days.
For owners of older properties or long-held rentals, this creates an ongoing monitoring obligation that did not previously exist.
Can a Tenant Provide Their Own Refrigerator? Yes — But Only If Done Correctly
The law allows a limited opt-out, but only for refrigerators (not stoves), and only under very specific conditions.
A tenant and landlord may mutually agree at the time the lease is signed that the tenant will provide and maintain their own refrigerator if all of the following apply:
- The lease includes a required disclosure acknowledging that:
- State law requires the landlord to provide a refrigerator
- The tenant has requested to bring their own refrigerator
- The tenant is responsible for maintaining it
- The lease gives the tenant the right, with 30 days’ written notice, to request that the landlord install a refrigerator, at which point the landlord must do so.
- The tenancy cannot be conditioned on the tenant providing their own refrigerator.
If these requirements are not strictly met, the obligation remains with the landlord.
Important Exemptions
The appliance requirement does not apply to:
- Permanent supportive housing
- Certain single-room occupancy (SRO) units
- Units in residential hotels
- Housing facilities with shared kitchen spaces
Outside these limited categories, most residential landlords should assume full compliance is required.
What About Month-to-Month Tenancies?
This is where things get nuanced.
The statute applies to leases that are entered into, amended, or extended on or after January 1, 2026. While month-to-month tenancies are often described as being “renewed,” they are not typically considered “extended” under California law unless there is a change to the terms.
Practically speaking:
- A pure, unchanged month-to-month tenancy may not immediately trigger the requirement.
- However, any amendment — including a rent increase — will likely bring the tenancy into compliance territory.
Given how frequently rent adjustments occur in Orange County rentals, many landlords will trigger this obligation whether they intend to or not.
Landlord TIP: Just do it. Don’t get caught in the mouse trap that is California landlord-tenant law, where you, the landlord, are the mouse.
No Size Requirement for Refrigerators
The statute does not specify a required refrigerator size. It simply must be capable of safely storing food, leaving landlords with some flexibility (for example, apartment-sized units).
Why This Matters for Newport Beach, Costa Mesa & Orange County Landlords
This is part of a broader trend we’re seeing across California:
- Expanded habitability standards
- Increased tenant leverage
- More technical compliance traps for landlords
Appliance issues now intersect with:
- Habitability defenses in eviction cases
- Repair-and-deduct claims
- Security deposit disputes
- Code enforcement actions
For landlords with higher-value properties — particularly in markets like Newport Beach, Eastside Costa Mesa, and coastal Orange County — the exposure is not theoretical. These issues routinely arise during vacancy transitions, cash-for-keys negotiations, and contested move-outs.
Best Practices Going Into 2026
We recommend landlords begin preparing now by:
- Updating lease templates to reflect the new requirements
- Reviewing appliance inventory and replacement cycles
- Documenting appliance condition at turnover
- Budgeting for compliance rather than reacting later
- Being strategic about amendments to month-to-month tenancies
The Bigger Picture
AB 628 may focus on refrigerators and stoves, but it reflects something larger:
California property management is becoming more regulated, more technical, and less forgiving of informal practices.
Staying ahead of these changes — from appliance mandates to tax and ownership rules — is critical to protecting both cash flow and long-term asset value.
Questions or Need Help?
At Lucas Real Estate Group, we regularly advise landlords, trustees, and property owners throughout Newport Beach and Orange County on the intersection of real estate, legal compliance, and tax strategy and offer property management services for select local properties.
If you have questions about how these 2026 changes apply to your properties — or how to plan proactively — we’re happy to help.
Call: 949-478-1623
Email: info@lucas-real-estate.com
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Sources
- California Civil Code § 1941.1 (Habitability Requirements)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1941.1&lawCode=CIV - Assembly Bill 628 (2023–2024 Regular Session)
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB628 - Legislative Counsel’s Digest – AB 628
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB628 - California Senate Judiciary Committee Analysis – AB 628
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB628# - California Association of REALTORS® – Landlord/Tenant Legal Updates
https://www.car.org/en/Legal/Hotline-and-Legal-FAQs/Landlord-Tenant - California Department of Consumer Affairs – Landlord & Tenant Guide
https://www.dca.ca.gov/publications/landlordbook/index.shtml
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