Q&A on Providing Refrigerators Pursuant to AB 628
Recently, you may have read the article on our website about AB 628 that was signed by the Governor and goes into effect January 1, 2026. Several of you have sent in follow up questions, which help clarify your responsibilities as a landlord. Should you have any follow up questions, please submit them to advocacy@aaoc.com and we will add them to the list.
Q: Does this apply to existing leases, month to month leases, or only new leases?
A: This law applies to ALL new leases as well as ANY leases amended or renewed on an after January 1, 2026.
Q: How many cubic inches does the refrigerator need to be?
A: The law does not specify size, just that it be in good working order
Q: Are Dorm/Hotel fridges adequate?
A: While the law does not specify a size of refrigerator, you should consider what size is appropriate for the unit size. What fits in a studio unit may not be comparable to a unit with a separate kitchen area.
Q: What style of refrigerator must be provided? Are the side--y side doors or top & bottom doors specified in the law?
A: The law does not specify style or design - just that a refrigerator be in good working order, and able to safely store food.
Q: Do the refrigerators provided need to include freezers as well?
A: The law only requires that a refrigerator be in good working order and capable of safely storing food. The law does not require that the refrigerator provided include a freezer.
Q: Are we required to provide refrigerators that have water lines/ icemakers/ filters?
A: No. The law does not require that a refrigerator include water lines, icemakers, or filters.
Q: Will the color of the refrigerator be regulated too?
A: No.
Q: Can a property owner charge for the labor, equipment, and installation of the refrigerator?
A: No. The law requires that you offer to provide the refrigerator, and should the tenant accept that offer - the responsibility of installing the refrigerator is that of the property owner.
Q: If a tenant chooses to use their own refrigerator, does the property owner become responsible for its maintenance and upkeep?
A: No, that is the responsibility of the tenant. However should their refrigerator break, and should the tenant opt to accept the refrigerator that you provide - then that responsibility would fall to you as the property owner. Within 30 days written notice by the tenant that uyou are to provide a refrigerator and the following notice by the owner to be provided to the tenant:
"Under state law, the landlord is required to provide a refrigerator in good working order in your unit. By checking this box, you acknowledge that you have asked to bring your own refrigerator and that you are responsible for keeping that refrigerator in working order."
Q: What about maintenance of water filters?
A: The law does not specify who is responsible for replacing water filters, however it is reasonable to assume that a court would view the responsibility lie with whichever party provides the refrigerator.
Q: What can landlords charge for cleaning of the fridge when a tenant moves out?
A: This would fall under the state security deposit law.
Q: Can I increase the rent to an existing tenant if I provide a refrigerator?
A: No. That would trigger many legal obligations including notice in change of tenancy, breach of contract, rent control limitations, fraud, etc.
Q: Am I required to buy a new refrigerator?
A: No.
Q: For tenants that already have their own refrigerator, do I have to replace their refrigerator?
A: If the tenant has already supplied their own refrigerator, you are required to notice them that either they can choose to continue using their own, or you could provide them with one.
Q: What if a tenant's refrigerator breaks? Am I required to replace their refrigerator?
A: No. You are only required to provide a refrigerator if a tenant provides a written notice to you that they want you to replace their refrigerator. If you are provided with a written notice, you must furnish a refrigerator within 30 days of that notice.
Q: If a tenant provides their own refrigerator that breaks, am I required to provide a similar style to replace their refrigerator?
A: No.
Q: How long does a property owner have to repair or replace the appliances they supply?
A: The owner is to repair or replace a supplied appliance within a reasonable time if they become inoperable through no fault of the tenant.
Q: What are the duties of a tenant regarding the operability of the owner supplied appliances?
A: The tenant shall properly maintain and clean appliances in accordance with generally accepted industry standards and in accordance with state and local laws.
Q: How does the tenant notify the owner of an allegation that the owner supplied appliances need repair?
A: The tenant shall provide written notice of an allegation of appliances inoperability as soon as reasonable.
Q: Will AAOC be providing a form regarding this to provide to our tenants?
A: Yes, AAOC is currently working on the appropriate language for this notice.
Thank you all for sending in your questions, should you have an additional question, please feel free to reach out to us and to we will help get you the answers you need.