Overview

AB 628 fundamentally changes landlord-tenant law by reclassifying stoves and refrigerators from “amenities” to “essential characteristics” of a tenantable dwelling, placing them in the same legal category as heat, plumbing, and electricity.

Key Requirements

• Mandatory Provision: Landlords must provide and maintain a stove (for safe cooking) and a refrigerator (for safe food storage) in good working order.
• Applicability: Applies to all residential leases entered into, amended, or extended on or after January 1, 2026.
• Recalls: If an appliance is recalled, the landlord must repair or replace it within 30 days of receiving notice.

The Refrigerator “Opt-Out”

A tenant and landlord may mutually agree in writing that the tenant will provide their own refrigerator, provided that:

• The lease includes a specific notice that the landlord is otherwise legally required to provide it.
• The landlord does not make providing a refrigerator a condition of the lease.
• The tenant may revoke this agreement with 30 days’ written notice, after which the landlord must provide a working unit.

Exemptions

This law does not apply to:

• Single-room occupancy (SRO) units with shared kitchens.
• Permanent supportive housing.
• Residential hotels and certain communal facilities.

Enforcement

Because these appliances are now part of the implied warranty of habitability (Civil Code § 1941.1), tenants have access to standard legal remedies if a landlord fails to comply:

• Repair and Deduct: Tenants may repair the appliance and deduct the cost from rent.
• Rent Withholding: Tenants may withhold rent for uninhabitable conditions.
• Damages: Landlords may be liable for actual damages and special damages between $100 and $5,000.

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